The CAN-SPAM Act establishes standards in the United States for the sending of commercial e-mail. Website push notifications do not fall within the purview of this act. However, even if the CAN-SPAM Act expands its scope in future, website push notifications comply with the basic tenets of the act.
Two strict principles laid out in the CAN-SPAM act are:
The act does not require users to opt-in to receive communications; thus, for example, if a business has a list of email addresses, the business can send marketing messages and newsletters to those emails without approval.
On the contrary, website push notifications is an opt-in, permission based communication channel. A user has to provide consent before receiving push notifications from a website. In addition, opt-out is a one-click process. Thus, websites do not need to be concerned about CAN-SPAM Act while using push notifications.
CASL covers the sending of "commercial electronic messages" that may be accessed by a computer/phone in Canada. CASL covers email, texts, IMs, and automated cell phone messages sent to computers/phones in Canada.
CASL lists three general requirements for sending a commercial electronic message (CEM) to an electronic address. You need (1) consent, (2) identification information and (3) an unsubscribe mechanism
CASL requires businesses to get express consent before sending someone a message. Express consent means that a person has clearly agreed (orally or in writing) to receive a commercial electronic message. It is not time-limited, unless the recipient withdraws his or her consent. Since website push notifications requires that a user give permission, it complies with this basic tenet of CASL.
CASL requires clear identification of the sender of any electronic message. Since a website push notification mentions the website (or its PushCrew subdomain) from which the push notification has been sent, we comply with the identification requirement of the legislation.
Under CASL, there must be an unsubscribe mechanism in any message. A key aspect is that an unsubscribe mechanism must be "readily performed." It should be simple, quick and easy for the end-user. In the case of website push notifications, opt-out is a one-click process.
Important Note: This page does not constitute legal advice. Please consult with your lawyer to get a more detailed opinion.