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Lab // Growth Loops and Referrals

CASL email marketing rules: a practical guide for referral programs

The short answer

Canada's anti-spam law, CASL, requires consent before you send commercial electronic messages, a clear sender identity and a working unsubscribe link. Referral programs need extra care, since asking users to send invites on your behalf can make you responsible for those messages. Review your flow with counsel.

Key takeaways
  • Get express or implied consent first.
  • Include sender identity and unsubscribe in every message.
  • Let users share links themselves instead of sending on their behalf.

Why referral programs need attention

In a typical US flow, a product emails the friend for the user. That pattern can raise risk under stricter consent rules. A safer design lets the user copy a link and share it through their own channel.

The core CASL requirements

Design a compliant referral flow

Offer a link or code the user shares on their own. If you must email, send only to people who have given consent, keep a record of it and include all required details.

Keep the metrics honest

Link-based sharing may lower invites per user compared with email. Track K-factor for the compliant flow so your projections use real numbers.

Free tool / Epidemiology

Will referrals compound or fizzle?

Viral Growth Simulator

Questions about Growth Loops and Referrals

Does CASL apply to US companies?

It can apply when messages are sent to people in Canada. Seek legal advice for your case.

Is a business-to-business email exempt?

No. CASL covers commercial messages to business addresses too, with some exceptions.

Is this legal advice?

No. It is general information. Consult a Canadian lawyer.

Key terms

Written by

Kartikeya Awasthi, Co-founder, InTrendz Media

Kartikeya has 12 years of experience across Accenture, EY, Coforge and other enterprises. He holds an MBA from NMIMS Mumbai and has received CII National Gold and Silver awards for AI and Industry 4.0 work. He writes and reviews every Growth Lab article. More about the author

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