5 THINGS EMAIL MARKETERS
SHOULD DO TO PREPARE FOR CASL
MAY 7, 2014
BLUEHORNET AT-A-GLANCE
2
Our unique combination of global expertise and innovative technology gives our 2,200+
clients the...
TODAY’S PRESENTERS
Kara Trivunovic,
VP Strategic Services, BlueHornet
@ktrivunovic
3
Chris Vitulski,
Deliverability Manage...
4
TODAY’S AGENDA
 What is CASL?
 Defining Compliance
 5 Steps Every Marketer Should Take
 Q&A
5
ABOUT CANADIAN ANTI-SPAM LEGISLATION (CASL)
6
Consent
You must have either implied or express consent
of the user
Unsubscr...
CONSENT
7
Express Consent
 Boxes cannot be pre-checked
 If gaining consent by an email box it
must not be pre-filled
 E...
IDENTIFICATION
8
 Each email sent must contain information identifying the sender
and, if applicable, anyone they are sen...
UNSUBSCRIBE MECHANISM
9
All messages must contain an Unsubscribe
This is different from US laws as transactional
messages ...
ARE YOU CASL COMPLIANT?
 All Canadian subscribers signed up from July 1, 2014
forward will fall under the new law.
 All ...
5 STEPS TO TAKE
11
PREPARING FOR CASL
Understand your Canadian Presence
Do you know where your subscribers are?
Check with Legal
Coordinate a...
UNDERSTANDING YOUR CANADIAN PRESENCE
13
Canada:
12%
US:
68%
EU:
9%
SA:
6%
AU:
5%
CHECK WITH LEGAL
14
EVALUATE YOUR PERMISSION PROCESS
15
1. Check Box
Not pre-checked
2. Sign up form
No pre-filled fields
PLAN A RE-PERMISSION CAMPAIGN
 Send to all Canadian subscribers if
express permission had not been
previously documented....
CONSIDER TRANSACTIONAL TOO
 All electronic
communications sent in to
Canada must have a
mechanism to unsubscribe
 Unsubs...
PREPARING FOR CASL
Understand your Canadian Presence
Do you know where your subscribers are?
Check with Legal
Coordinate a...
THANK YOU
19
Have additional questions
about CASL?
CONTACT US AT:
BlueHornetCommunications
@BlueHornet.com
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Preparing for Canada's Anti-Spam Law - 5 Things Email Marketers Should Do

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On July 1st 2014, Canada's New Anti-Spam Law (CASL), which requires an explicit opt-in for any CEM entering or leaving Canada, will go into effect. This impacts any marketer sending email to Canadian addresses.


If you’re wondering how to navigate the new legislation, watch our on-demand webinar: 5 Things Email Marketers Should Do to Prepare for Canada’s New Anti-Spam Law.


Presented by Kara Trivunovic, VP of Strategic Services and Chris Vitulski, Deliverability Management Specialist at BlueHornet, this webinar covers the steps you should take to accommodate the new CASL requirements.

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  • Thank you Ashley for the kind introduction. I want to welcome you all to the exciting topic of CASL – and thank you for taking time out of your day to join us. Data privacy concerns continue to be a hot topic of conversation around the globe – and email marketers are often times readily impacted by these conversations. And today, they run through the ranks of even the highest levels of government. And the introduction of the new Canadian Anti Spam Laws are just another example. As we have been talking with brands and clients alike, there have been a lot of questions about specific scenarios and how they will affect their email program as it relates to CASL – so we wanted to make sure we allow for enough time for questions at the tail end of this. So
  • Today we are going to quickly take you through the definition of CASL and what it means to be compliant. Then we will quickly review some steps that you all should be taking in addressing CASL compliance for you programs and finally open it up to QA. With that, I am going to hand it over to Chris, chris, it’s all yours.
  • CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada.CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission.Expand on each of these sub heads to include examples, such as:The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail.Chris, you should work on the talk track for this slide.
  • CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada.CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission.Expand on each of these sub heads to include examples, such as:The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail.Chris, you should work on the talk track for this slide.
  • CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada.CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission.Expand on each of these sub heads to include examples, such as:The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail.Chris, you should work on the talk track for this slide.
  • CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada.CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission.Expand on each of these sub heads to include examples, such as:The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail.Chris, you should work on the talk track for this slide.
  • Preparing for Canada's Anti-Spam Law - 5 Things Email Marketers Should Do

    1. 1. 5 THINGS EMAIL MARKETERS SHOULD DO TO PREPARE FOR CASL MAY 7, 2014
    2. 2. BLUEHORNET AT-A-GLANCE 2 Our unique combination of global expertise and innovative technology gives our 2,200+ clients the freedom to reach their greatest potential. Maximize performance on a global scale. • Multi-tenant SaaS platform • Global infrastructure and security • Scalable and extensible • International ISP delivery • Content localization, language support and offices in UK, Germany, Japan and Taiwan. Global Instantly extend your expertise with our 360° Support. • Dedicated client services team • Proactive deliverability services • Strategic services • Professional services • Ongoing education • 100+ email experts worldwide Expert Intuitive, powerful technology speeds email program results. • Launch sophisticated, automated campaigns. • Deliver relevant content and a responsive, personalized experience on any device. • Increase customer lifetime value, revenue and ROI. Growth
    3. 3. TODAY’S PRESENTERS Kara Trivunovic, VP Strategic Services, BlueHornet @ktrivunovic 3 Chris Vitulski, Deliverability Management, BlueHornet @cvituls
    4. 4. 4
    5. 5. TODAY’S AGENDA  What is CASL?  Defining Compliance  5 Steps Every Marketer Should Take  Q&A 5
    6. 6. ABOUT CANADIAN ANTI-SPAM LEGISLATION (CASL) 6 Consent You must have either implied or express consent of the user Unsubscribe Mechanism Every message you are sending must have a valid unsubscribe mechanism, yes…EVERY message Identification Cleary identify who you are and/or who you are sending on behalf of
    7. 7. CONSENT 7 Express Consent  Boxes cannot be pre-checked  If gaining consent by an email box it must not be pre-filled  Every address after July 1, 2014 must have some form of consent Implied Consent  All addresses collected previous to July 1, 2014 will have implied consent until July 1, 2017  Implied consent is also given for transactional mail, such as a purchase confirmation
    8. 8. IDENTIFICATION 8  Each email sent must contain information identifying the sender and, if applicable, anyone they are sending on behalf of including contact information for all involved.  The regulation does not require that persons situated between the person sending the message and the person on whose behalf the message is sent need necessarily be identified. This means that ESPs are exempt.  When emails are sent on behalf of multiple persons, such as affiliates, all of those persons must be identified.  A valid mailing address must also be included. The address must be valid for at least 60 days after the message is sent. • PO boxes are acceptable
    9. 9. UNSUBSCRIBE MECHANISM 9 All messages must contain an Unsubscribe This is different from US laws as transactional messages are not required to contain an unsub mechanism Are there limitations to the Unsub link? Under CASL, an unsubscribe mechanism must be 'readily performed.' An unsubscribe link can direct the consumer to a web page that is quick and easy to use. Does the CRTC have examples of Unsubs? See Compliance and Enforcement Information Bulletin CRTC 2012-548.
    10. 10. ARE YOU CASL COMPLIANT?  All Canadian subscribers signed up from July 1, 2014 forward will fall under the new law.  All subscribers collected prior to July 1, 2014 will have until July 1, 2017 to be re-permissioned if current processes do not fulfill the express consent clause.  Questions to ask:  Do all of my messages contain a proper unsubscribe?  Am I and anyone I am sending on behalf of properly identified in my message?  Does my current sign up process fulfill the express consent provisions of CASL?  If you are not sure of a provision or have questions on CASL please visit their webpage at http://www.crtc.gc.ca/eng/casl-lcap.htm. 10
    11. 11. 5 STEPS TO TAKE 11
    12. 12. PREPARING FOR CASL Understand your Canadian Presence Do you know where your subscribers are? Check with Legal Coordinate a legal interpretation of the new laws. Evaluate and Update Your Permission Process Is your process currently compliant? Plan a Re-permission Campaign Allow your Canadian subscribers to provide express permission. Consider Transactional Communications Don’t forget your transactional messages, they aren’t exempt. 12
    13. 13. UNDERSTANDING YOUR CANADIAN PRESENCE 13 Canada: 12% US: 68% EU: 9% SA: 6% AU: 5%
    14. 14. CHECK WITH LEGAL 14
    15. 15. EVALUATE YOUR PERMISSION PROCESS 15 1. Check Box Not pre-checked 2. Sign up form No pre-filled fields
    16. 16. PLAN A RE-PERMISSION CAMPAIGN  Send to all Canadian subscribers if express permission had not been previously documented.  Message in the voice and personality of your brand.  Reference the CASL regulations and your desire to maintain a relationship.  Ask for express permission and drive to a compliant page that allows the capture appropriately. 16
    17. 17. CONSIDER TRANSACTIONAL TOO  All electronic communications sent in to Canada must have a mechanism to unsubscribe  Unsubscribe functionality must be available on transactional communications  On-site remediation of unsubscribe behavior from transactional communications may be possible 17
    18. 18. PREPARING FOR CASL Understand your Canadian Presence Do you know where your subscribers are? Check with Legal Coordinate a legal interpretation of the new laws. Evaluate and Update Your Permission Process Is your process currently compliant? Plan a Re-permission Campaign Allow your Canadian subscribers to provide express permission. Consider Transactional Communications Don’t forget your transactional messages, they aren’t exempt. 18
    19. 19. THANK YOU 19 Have additional questions about CASL? CONTACT US AT: BlueHornetCommunications @BlueHornet.com
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