CASL Compliance

This article will help you understand CASL Compliance

Ubico is CASL-compliant from a platform perspective. The platform includes consent tracking, unsubscribe handling, and email logging. However, your organization is responsible for ensuring that your contact lists and sending practices meet CASL's requirements.

Can I email contacts in Canada without explicit opt-in?

Yes, under CASL you can rely on implied consent for cold outreach to Canadian businesses, as long as both conditions below are met:

  1. The recipient has not indicated they do not want to receive commercial electronic messages (CEMs) at that address.
  2. The content of your email is relevant to the recipient's business role or duties.
How to stay compliant
  • Consent: Confirm that every Canadian contact on your list has either given express consent or qualifies under implied consent.
  • Audit regularly: Review your subscriber list monthly or yearly to confirm consent status.
  • Required email elements: Every CEM must include your identity as the sender, a working unsubscribe mechanism, and a valid mailing address or contact method.
CASL exemptions

The following types of messages are exempt from CASL's consent requirements:

  • Emails sent within a business or between businesses where the recipient has published their address in a professional capacity
  • Replies to a business request or complaint
  • Messages to contacts with an existing business relationship within the past two years
  • Referrals from a third party
  • Quotes, estimates, or messages that fulfill a prior transaction
  • Warranty, recall, safety, or security-related communications
  • Messages sent to satisfy a legal obligation

In practice, CASL requires targeted, relevant outreach — not mass spray-and-pray sending. Ubico is built to support compliant multi-channel outreach.