A message that is sent electronically to encourage participation in a commercial activity. This includes any electronic message promoting or advertising a product, service, or business, or seeking to engage in any commercial transaction or activity. CEMs (Commercial Electronic Message) include promotional emails, newsletters, text messages, social media messages, and instant messages that promote a product or service, or seek to engage the recipient in a commercial activity. However, CEMs do not include messages that are purely informational, such as those that provide customer service information, warranty information, or updates on an existing transaction or relationship.
Types of CEMs
CEMs can take various forms, including promotional emails, newsletters, text messages, social media messages, and instant messages. These messages aim to promote a product or service or engage the recipient in a commercial activity.
Regulation Under CASL
In Canada, the sending of CEMs is regulated under Canada's Anti-Spam Legislation (CASL). This legislation requires organizations to obtain the consent of recipients before sending CEMs and to include certain information in the message, such as identification information about the sender, an unsubscribe mechanism, and a statement indicating that the message is an advertisement or promotional.
Exclusions
CEMs do not include messages that are purely informational. These may include customer service information, warranty information, or updates on an existing transaction or relationship.
Compliance Requirements
To comply with CASL, organizations must ensure that their CEMs include specific information. This includes identification information about the sender, an unsubscribe mechanism, and a statement indicating that the message is an advertisement or promotional. Additionally, organizations must obtain the consent of recipients before sending CEMs.
