Wally hill lexpert casl messaging provisions and challenges

1. CASL: Key Marketing Issues
LEXPERT/McCarthy Tetrault
April 30, 2014
Wally Hill, Senior Vice-President Government & Consumer Affairs, CMA
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2. Agenda
• Sharing consent with third parties
• Managing unsubscribes
• B2B Marketing
• Dealing with Section 6(6)
• Implications for Social Media and Online
Advertising
• CASL Readiness Checklist
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3. Sharing Consent with Third Parties
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Joan has a
relationship with the
travel agent AND
provides her consent
to receive third party
offers
Car Rental Hotel Company
Travel Agent
Consent to share with
third parties
Consent relationship
with organization
Message flow

4. Sharing Consent with Third Parties
• Message Requirements
– Identification of Sender
– Notice that the message relates to consent to
receive messages from third parties
– Unsubscribe from the sender of the message
– Unsubscribe from receiving any further third
party messages
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5. Sharing Consent with Third Parties
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Joan revokes her
consent to receive
third party offers via
the Travel Agent. The
Travel Agent must
inform the Hotel
Company and Car
Rental Company,
who must cease
marketing to Joan.
.
Consent to share with
third parties
Consent relationship
with organization
Car Rental Hotel Company
Travel Agent

6. Sharing Consent with Third Parties
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Joan revokes her
consent to receive third
party offers via a
message sent by the
Hotel Company. The
Hotel Company must
inform the Travel Agent
who must inform the
Car Rental Company
(and any other third
parties) that consent
has been revoked and
they must cease
marketing to Joan.
Consent to share with
third parties
Consent relationship
with organization
Car Rental Hotel Company
Travel Agent

7. Managing Unsubscribes
• CASL requires that all CEMs contain a
readily accessible unsubscribe
mechanism
• Considerations:
– Functionality across all electronic platforms
– Affiliates
– Third party consents
• Opportunities:
– Building a preference centre
– Relationship management
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8. B2B Marketing
• Implied consent provisions (ID & Unsubscribe
required)
– Existing business relationship (2 Years)
– Conspicuous publication
– Disclosure of address
– Message related to recipient’s role, duties or function
in the business
• B2B exemption (CASL does not apply)
– Business ‘relationship’
– ‘Activities of the organization’

9. Refer-a-friend Marketing
• Personal and family relationship
exemption
• Strategies to reduce liability
– Clear disclaimer
– Include or link to CASL definitions

10. Dealing with Section 6(6)
• Creation of a class of non-commercial,
commercial messages
– Transactional
– Warranties
– Safety notices
– Etc.
• Identification and unsubscribe
requirements
• Wording suggestions for unsubscribe

11. Social Media and Online Advertising
• Banner advertising/OBA not covered by
CASL
• Broadcasting messages through social
media not covered by CASL
• Direct messages sent through social
media are covered by CASL
– ‘Sent’ to an ‘electronic address’
– Awaiting further clarification

12. CASL Preparation Checklist
1. Become familiar with CASL’s requirements
2. Get business unit buy-in/ownership of compliance
3. Comprehensive inventory of:
• CEM and downloading activities
• Existing addresses and consent lists (group like consents)
• Consent collecting practices
1. Identify gaps; build compliance programs and database capabilities to update
consents and identify types of consents moving forward
• Develop new policies and procedures around CEM deployment
1. Develop a standard of proof of consent and retain relevant records
2. Update templates:
• CEMs for ID and unsubscribe requirements
• Customer contracts and other documents to collect express consent
• Contracts with outsourcers, agents, etc.
1. Review and, as necessary, put in place contacts with outsource partners and
affiliates in cases of “list renting”
2. Update business processes, as necessary
3. Train all staff re: CASL – even a single CEM sent without consent could be an
infraction!
4. Audit compliance, repeat.