Asking Customers for Google Reviews in Canada: What CASL Requires

This is general information, not legal advice. For your specific situation, read the CRTC's CASL guidance or talk to a lawyer.

Is a review request a commercial message?

A message that encourages commercial activity is generally treated as a commercial electronic message (CEM) under CASL. Review requests are sent to promote your business, so the safe approach is to treat them as CEMs and meet the three requirements: consent, identification and an unsubscribe mechanism.

1. Consent

• Implied consent: CASL recognises an existing business relationship, including a purchase from you within the two years before the message.
• Express consent: the person actively agreed to receive emails from you. Keep a record of when and how.
• Under CASL, the sender has to be able to prove consent. So record it for every customer you email.

2. Identification

The message must identify who is sending it and on whose behalf, with a mailing address and a way to contact the sender. If a service sends on your behalf, both should be identified.

3. Unsubscribe

Every message needs a working unsubscribe mechanism that's easy to use, and unsubscribe requests must be honoured promptly: CASL allows no more than 10 business days.

Google's rules: no review gating, no incentives

• Don't ask only the customers you expect to leave positive reviews, or screen customers first and send only the happy ones to Google.
• Don't offer discounts, entries or rewards in exchange for reviews.
• Ask everyone, the same way, and let them say what they think.

A compliant request, in practice

1. Only email customers who bought from you in the last two years, or who said yes to emails.
2. Record the consent basis and date.
3. Send one short, polite message with your review link, the same message to everyone.
4. Include your business name, mailing address, contact email and an unsubscribe link.
5. Never email someone again after they unsubscribe, and don't send repeated reminders.