6/7/2023 0 Comments Spam me not![]() Conversely, a tagline in a message promoting a product or a service, or encouraging the recipient to purchase a product or service would constitute the message as a CEM. For example, the simple inclusion of a logo, a hyperlink or contact information in an email signature does not necessarily make an email a CEM. ![]() These parts of the message are not determinative. ![]() hyperlinks in the message to website content or a database, and.When determining whether a purpose is to encourage participation in a commercial activity, some parts of the message to examine are: What is a commercial electronic message?Ī key question is the following: Is this message I am sending a commercial electronic message (CEM)? Is one of the purposes to encourage the recipient to participate in a commercial activity? However, CASL does not apply to unsolicited telecommunications, including live voice and automated telemarketing calls, to telephone numbers, which are regulated under the Unsolicited Telecommunications Rules. This includes SMS and other messaging to mobile phones and devices. If both of these elements are present, then CASL applies.ĬASL only applies if the CEM is sent to an electronic address, as defined in the legislation. When does CASL apply?ĬASL applies to (1) a commercial electronic message (CEM) that is (2) sent to an electronic address. You need to: (1) obtain consent, (2) provide identification information, and (3) provide an unsubscribe mechanism. If you are sending a commercial electronic message, you need to comply with three main requirements. Rather, it sets out some requirements for sending commercial electronic messages (CEMs), to an electronic address. Does the legislation prohibit me from sending marketing messages?
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