Canada’s Anti-Spam Legislation (CASL)

What is CASL?

Canadian regulatory agencies have introduced new rules under the Canadian Anti-Spam Legislation (“CASL”), which went into effect on July 1, 2014.  These rules may apply to our customers who send certain kinds of commercial electronic messages to Canadian leads generated by their use of Pardot — including e-mail, text messages, and other common forms of electronic communications. The new rules may also apply to other messages sent from, or accessed by, a computer system located in Canada.  Depending on the circumstances, these rules may require CASL-regulated senders to seek prior consent for sending such messages and to provide certain disclosures and opt-out mechanisms in those messages.

How does my organization comply with CASL?

We encourage you to seek legal counsel on CASL to understand how the new legislation applies to your organization and impacts its business activities. You’re welcome to contact your Salesforce Account Executive to discuss what Salesforce services may be available to facilitate your compliance efforts, however, speaking to your Account Executive should not be a substitute for legal counsel.

Are there any Salesforce tools that can assist with my organization’s anti-spam efforts?

There are a number of Pardot features that Salesforce customers can use today to augment an anti-spam compliance program:

  • Easily insert a one click unsubscribe or a link to an e-mail preference center (EPC) into any e-mail message that is sent to a mailing list via Pardot
  • Create web forms to process and track subscription requests or use form handlers to track subscription requests submitted to your own custom built forms.
  • Facilitate a confirmed opt-in (COI) process using Pardot’s automation and e-mailing capabilities.
  • Using variable tags to help insert mailing addresses and phone numbers into e-mail content so your e-mail recipients can contact your organization.

Please contact your Account Executive to discuss Pardot in more detail or other Salesforce services, which may facilitate your compliance efforts. For instance, Salesforce provides some features and functionality via Sales Cloud that may assist customers in implementing their CASL compliance strategies, such as, fields to track opt-in status or existing business relationships with individual contacts.

Are there any resources that Salesforce can share about CASL?

Additional information regarding CASL is available from the Government of Canada here and here.  You may also find the following legal publications useful in understanding your obligations under CASL:

Overview of Canada’s Anti-Spam Legislation, nNovation LLP
Canada’s Anti-Spam Legislation – Campaign Checklist, nNovation LLP (PDF)
Canada’s Anti-Spam Legislation – Database Checklist, nNovation LLP (PDF)

Please note that we cannot give you legal advice on how CASL may apply to your use of Pardot or your compliance obligations under CASL.  As customers of Salesforce, you are responsible for complying with applicable laws as well as your contracts with us, which include our Permission Based Marketing Policy.

Are there any resources that Salesforce can share about best practices?

Looking for more email best practices? Download our Complete Guide to B2B Email Marketing for worksheets, tips, and best practices — and share your own ideas in our comments section. At Pardot, we suggest taking every precaution to make sure you’re reaching the people who actually want to hear from you.