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Bill C-28: What is it and what does it mean for marketers?
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Bill C-28: What is it and what does it mean for marketers?



May 3rd presentation of the Transcontinental Interactive Bill C-28 Client Webinar titled: ...

May 3rd presentation of the Transcontinental Interactive Bill C-28 Client Webinar titled:

Bill C-28 : What is it & what does it mean for marketers?

Host: Paul Hunter
Presenter: Matthew Vernhout



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    Bill C-28: What is it and what does it mean for marketers? Bill C-28: What is it and what does it mean for marketers? Presentation Transcript

    • • 10+ years in email marketing • Transcontinental Interactive (Director, Delivery and ISP Relations) • What I‟m involved in: • Director at large CAUCE NA • Certified Information Privacy Professional / Canada (CIPP/C) • Email marketing advocate: • Email blogger: EmailKarma.net • Email Marketers Club • Email Round Table • Regular speaker at events: • CMA, DMA, IAPP, LexpertMATTHEW VERNHOUT, CIPP/C • 2
    • • CASL – Canadian Anti-Spam Legislation Formerly called Fighting Internet and Wireless Spam Act (FISA) • CAN-SPAM – American Anti-Spam Legislation (2003) Controlling the assault of non-solicited pornography and marketing • CEM – Commercial Electronic Message • ISP – Internet Service Provider • Malware – Unknowingly installed software that is used for illicit purposes • Phishing – Random and widely distributed email messages imitating a legitimate financial, retail or loyalty brand that attempts to collect money, passwords or personal information from recipients • Harvesting or dictionary attacks – Automated email generation or gathering tools used to guess or build a list of real users for the purposes of sending or re-selling email addresses.KEY DEFINITIONS (IN CASE YOU DON‟T KNOW) • 3
    • 2004-2005 2009 MAY 2010 DEC 2010 Q2 2011 Q4 2011/Federal Anti- C-27 Electronic C-28 Fighting C-28 Receives C-28 Q1 2012 Spam Task Commerce Internet and Royal Assent Regulations to C-28 Force Protection Act Wireless Spam (with no short be presented by Enforcement (FAST-F) (ECPA Act (FISA) name) Industry Canada begins Government Prorogued Elections Elections 2011 Two HOW WE GOT HERE • 5
    • CASL will apply to any form of electronic message sent for marketing purposes (referred to as a "Commercial Electronic Message", or "CEM"), including: • Email • SMS • Instant messaging • Social media/networking • Future Technologies CASL also addresses Internet marketing challenges such as: • Address harvesting • Malware • Phishing • Other/Future Internet threatsWHAT IS COVERED IN CASL? • 6
    • Three main points to CASL: • Consent • Identification • Unsubscribe These rules apply regardless of how many messages are sent or the channel used to send themCASL: OVERVIEW • 7
    • CASL requires opt-in consent: • Explicit opt-in: • No expiration, until individual opts-out • Deemed or implied: • Where an existing business or non-business relationship with the recipient exists • Where the recipient has published their electronic address in a prominent manner* • Where the recipient has provided their email address directly to the sender* • Expires after 2 yearsDEFINING CONSENT • 8
    • • Be clear and transparent when asking for subscriber data • Do not make assumptions about subscriptions • Have a separate 3rd party list option • OPT-IN and not OPT-OUTGET PROPER CONSENT • 9
    • CASL requires senders to: • Identify themselves • Indicate on whose behalf the message is sent • Provide up-to-date contact informationIDENTIFICATION REQUIREMENTS • 10
    • • Include a functional unsubscribe mechanism • Must be web enabled • Function without delay, but not longer than 10 business days • Must be active for 60 days after the end • Recommendations: • Enable reply to email unsubscribe that get sent to your customer service team • Stop using “no-reply@” emails • Strict data hygiene and sun-setting programsUPDATING YOUR SUBSCRIPTION • 11
    • Commercial • Offers to purchase, sell, barter or lease a product, goods, a service, land, promotes a person Transactional • Provides a quote or estimate, completes or confirms a transaction, warranty, product recall or safety or security informationTYPES OF MESSAGES • 12
    • • List owner from address and logo/branding • 3rd party Logos/content • List owner unsubscribe • Contact info for both parties • 3rd party message notice • Postal infoANATOMY OF 3RD PARTY EMAILS • 13
    • SOCIAL MEDIA • 14
    • DOES LIKE = CONSENT? • 15
    • • Opt-in process following the current standards set by the short code policies set by the CWTA • One time reply is fine under the „inquiry‟ exclusion when used to directly respond to a specific question • CEMs will require identification and unsubscribe information in each message • 135 character limit is getting smaller: „rply STOP 2 unsub, Corp Name‟ • Maybe only 100 characters left for your messageSMS • 16
    • CASL • Addresses broad range of Internet issues (spam, spyware, pharming, etc.) • Applies to all forms of electronic messaging (email, SMS, IM, etc.) • Primarily opt-in; permission based • Private right of action: available to anyone (individuals, businesses, etc.) CAN-SPAM • Addresses spam only • Applies only to email, contains SMS domain opt-out • Opt-out; you can technically mail any person at least once • Private right of action available only to ISPs, and GovernmentCASL VS. CAN-SPAM: KEY DIFFERENCES • 17
    • Three agencies: • Canadian Radio-Television and Telecommunications Commission (CRTC) • Competition Bureau • Office of the Privacy Commissioner (OPC) Administrative monetary penalties (AMPS) Private right of action Protection for „honest mistakes‟ (due diligence is key)OVERSIGHT & ENFORCEMENT • 18
    • ANTI-SPAM IN CANADA - SUMMARYCanadian Anti-SpamLegislation or CASL:• Opt-in • No false information• Prohibits unsolicited • Sender or subject commercial messages lines• Prohibit installation • No harvesting or of programs without dictionary attacks consent • More than email: – IM; SMS; social media; voice* • 19
    • Other requirements: • Identification; contact information; unsubscribe mechanism • Unsubscribe: • Without delay, but not longer than 10 business days • No longer recommended “no-reply@” • Proper identification (postal address) • Private right of action included • Officers of organizations can be held accountable for their organizations messages Exemptions: • Family or personal relationship; business inquiry/relationship Enforcement: • Cross border - Can‟t hide under HQ location • Protection for “honest” mistakesANTI-SPAM IN CANADA - SUMMARY • 20
    • BILL C-28 AIMS TO REDUCE SPAM… • Less spam means more clarity for brand messages • More clarity means more attention and engagement • More engagement means more brand recognition • More brand recognition means... More profitability This is a non-scientific theory... But you can see the opportunity marketers have...HOW CAN YOU LEVERAGE BILL C-28? • 21
    • Marketers should: • Think about digital marketing permission/privacy on a global perspective. • Establish a baseline policy for interacting with subscribers across all digital technologies. • Optimize communications based on customers expressed preferences, observed behaviours, demographics and customer lifetime value. • Use explicit opt-in methods for capturing contact information. Move away from “shout” marketing...IMPLICATIONS FOR MARKETERS • 22
    • Transcontinental Interactive can… • Help you with the latest news on • Ensure that your current customer Bill C-28 to ensure you are ready communications are in compliance to comply with this new law with existing legislation including PIPEDA and CAN-SPAM • Provide best practices for opt-in communications across digital • Optimize your marketing campaigns to communication channels (email, increase customer engagement, mobile, social media) strength brand loyalty, and increase ROIHOW TRANSCONTINENTAL INTERACTIVE CAN HELP… • 23
    • Matthew Vernhout_Director, Delivery & ISP Relations 416.361.3522 ext. 238 matthew.vernhout@transcontinental.ca Twitter: @emailkarma Resources: • The Marketers Guide to Applying CASL: http://bit.ly/ji8xk0 • EmailKarma.net: http://emailkarma.netTHANK YOU! • 24