What is a Commercial Electronic Message (CEM)?

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What is a Commercial Electronic Message (CEM)?
At the heart of CASL is the definition of a CEM. This broadly encompasses any electronic message that encourages participation in a commercial activity, regardless of whether there's an expectation of profit. This can include

Emails, text messages (SMS/MMS), instant messages, and messages sent through social media platforms.
Promotions for products, services, or brands.
Announcements of sales, discounts, or limited-time offers.
Invitations to webinars, events, or contests with a commercial objective.
Newsletters that contain promotional banners, product features, or sponsored content.
Essentially, if a message has a commercial kuwait email list ose or promotes a commercial activity, it's likely considered a CEM under CASL. However, there are exceptions for purely informational messages, personal communications between friends/family, or internal communications within a business.

The Three Pillars of CASL Compliance
To legally send a CEM under CASL, businesses must satisfy three core requirements

Obtain Consent This is the cornerstone of CASL. Senders must generally obtain consent from the recipient before sending a CEM. There are two types of consent

Express Consent This is the most robust form of consent and is always preferred. It requires the recipient to actively and clearly agree to receive CEMs. This can be obtained through opt-in checkboxes (that are not pre-checked), signup forms, or verbal agreements (which should be documented). Express consent does not expire unless the recipient withdraws it. When seeking express consent, you must
Clearly state the purpose for requesting consent.

Identify your business name and, if different, the person on whose behalf consent is sought.
Provide your mailing address and one other valid contact method (phone number, email address, or website URL).


The primary benefit of email logs in security audits is their ability to detect and investigate a wide range of cyber threats. By analyzing log data, security teams can identify:

Phishing and Spear-Phishing Attacks: Unusual email volumes from external senders, emails with suspicious attachments or links, or emails impersonating internal employees can all be flagged through log analysis. An audit might reveal multiple employees receiving the same suspicious email, indicating a coordinated attack.
Malware Propagation: If an attachment containing malware is opened, the logs can help trace how the malicious email entered the network and which users might have been exposed.

Data Exfiltration: While logs don't show email content, a sudden surge in emails with large attachments sent to external recipients might indicate an attempt to exfiltrate sensitive dat
Insider Threats: Logs can reveal unauthorized communication patterns, such as an employee emailing confidential information to a personal email address or to a competitor.

Account Compromise: Abnormal login locations or times associated with an email account, or a high volume of outgoing spam from a legitimate account, could signal a compromised account being used for malicious purposes.