Email and SMS are two of the best marketing channels a local business has. They’re also regulated, and the rules differ a lot between countries. If you market to customers in Canada, the US, Australia or the Philippines, here’s a plain-English overview, starting with CASL compliance for small business since it’s the strictest of the group. This is general information, not legal advice, so check the official guidance for your country.
Canada: CASL
Canada’s Anti-Spam Legislation covers commercial electronic messages, including email and text. It’s a permission-based law, so you need consent before you send.
- Express consent: the person actively opted in, for example by ticking an unticked box. It doesn’t expire unless they withdraw it.
- Implied consent: applies in limited cases, such as an existing business relationship. It’s time-limited, generally two years after a purchase and six months after an inquiry.
- Identification: every message must clearly identify your business and include contact details.
- Unsubscribe: every message needs a working unsubscribe option, and requests must be processed promptly, within 10 business days.
Tip: if you rely on implied consent, set up a campaign to convert those contacts to express consent before it expires.
United States: CAN-SPAM and TCPA
CAN-SPAM covers commercial email and works as an opt-out law. You don’t need prior consent to email, but you do need accurate sender and subject lines, a physical mailing address, and a clear way to unsubscribe that you honor quickly.
Texting is stricter. The TCPA and carrier rules generally require prior express written consent for marketing texts, and businesses texting through standard numbers now usually need to register through 10DLC. Get consent in writing and keep records.
Australia: the Spam Act 2003
Australia’s Spam Act is also permission-based and covers email and SMS. Messages need consent (express or inferred), must identify the sender, and must include a functional unsubscribe that’s honored within five business days.
Philippines: Data Privacy Act
The Philippines doesn’t have a single anti-spam law like CASL, but the Data Privacy Act of 2012 governs how you collect and use personal information, including phone numbers and emails for marketing. Get clear consent, tell people how you’ll use their data, keep it secure, and give them an easy way to opt out.
A simple approach that works everywhere
- Use clear, opt-in consent with an unticked checkbox
- Record when and how each person subscribed
- Identify your business and include contact details in every message
- Make unsubscribing easy and process it quickly
- Separate transactional messages (appointment reminders, receipts) from marketing
- Clean your list regularly
Following the strictest standard keeps you covered in most markets.
The bottom line: CASL compliance for small business owners comes down to consent, clear identification and an easy unsubscribe.
Further reading: the Privacy Commissioner of Canada’s overview of CASL.
Need help with CASL compliance for your small business?
Once your consent is sorted, put those lists to work with automated follow-up emails and a simple SMS plan. Want help setting it up? Get in touch.