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CASL: How to prepare my business for Canada’s New Anti-Spam Legislation
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CASL: How to prepare my business for Canada’s New Anti-Spam Legislation


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Canada’s Anti SPAM Legislation. How will CASL affect my business and what should I be doing about it today? How to prepare my business for Canada’s New Anti-Spam Legislation. …

Canada’s Anti SPAM Legislation. How will CASL affect my business and what should I be doing about it today? How to prepare my business for Canada’s New Anti-Spam Legislation.

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  • 1. Canada’s Anti SPAM Legislation How will CASL affect my business and what should I be doing about it today?
  • 2. Agenda 1. Overview of CASL 2. Scenarios 3. Review “Business Checklist for CASL” 4. Questions
  • 3. What is Spam? Spam can be defined as any electronic commercial message sent without the express consent of the recipient(s). Other online threats such as spyware, phishing and malware.
  • 4. What is CASL? Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited, unwanted electronic messages out of Canadians’ in-boxes while still permitting businesses, and consumers, to maintain mutually beneficial relationships. (Deloitte) The Anti-Spam Act imposes significant restrictions on the sending of unsolicited commercial electronic messages or CEM’s. Law was passed in December 2010 In effect: July 1st 2014
  • 5. Who will police it? The Spam Police • CRTC. • The office of the privacy commissioner. • Competition Bureau. Spam Reporting Centre Consumers, businesses and other organizations will be able to report the following messages on July 1, 2014: • commercial electronic messages sent without consent; and/or • commercial electronic messages with false or misleading content
  • 6. CASL Basics Canada’s Anti-Spam Legislation (CASL) generally prohibits: • sending CEMs to an electronic address without consent = No SPAM; • altering transmission data in an electronic message = No Phishing; • installing a computer program on a person's computer = No Malicious software; • causing a program on a person's computer system to send an electronic message.
  • 7. What’s the difference? CASL vs. CAN-SPAM CASL (Canada) • Addresses broad range of internet issues. • Applies to all forms of electronic messaging (email, SMS, IM etc.). • Prior permission based, or Opt-In. CAN-SPAM (USA) • Addresses spam only. • Applies only to email. • Opt-out; you can mail. anyone once.
  • 8. What is a CEM? What is a commercial electronic message or CEM? A commercial electronic message is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. Email, SMS Texts, instant messages and social network messages (Twitter, Facebook) are all electronic messages.
  • 9. What is exempt from CEM? Even if a message is a CEM, you will not need consent to: – Send a quotation upon request. – Complete a transaction. – Provide warranty, recall or safety information. In all of these cases you must still include the prescribed information & an unsubscribe mechanism.
  • 10. What information do I now have to provide? • CEM’s can be sent if: You have the express or implied consent of the recipient, or if consent is not required under CASL. and the message: - Identifies the sender - Includes the required contact information; and - Includes an unsubscribe mechanism
  • 11. What is consent? After July 1st, 2014: You can’t send a CEM without consent from the recipient. 2 forms of consent: Express and Implied
  • 12. What is Express Consent? Express, meaning someone actively gave you permission to send them a CEM. Once you have that permission, you can keep reaching out to your lists through email, texting, and social media messaging. Express Consent can be in the form of: • Sign‐up on a website • Response to a contest or coupon offer • Sign‐up at point of sale • Sign‐up over the phone
  • 13. Express Consent • Express consent has no time limit, it does not expire. At least until they unsubscribe. • Acquire express consent from your contacts today.
  • 14. Example: Express Consent
  • 15. What is Implied Consent? Implied, meaning it would be reasonable to conclude you have someone’s permission to send them a CEM based on prior relationships. If a recipient has purchased goods or services, or signed a contract with a business, they’ve given their implied consent to be in contact with that business. A Family relationship A personal relationship A business or non business relationship
  • 16. Implied Consent • “Two Year Rule” that essentially lets an organization send emails to someone if they made a purchase or signed a contract within the last two years. • Have accurate records for the exact date of a customer’s last purchase or contract. • The CASL transition rule that gives you 3 years for implied consent.
  • 17. Why am I telling you this now? Once CASL comes into force (July 1st , 2014), you can’t send an electronic message requesting consent because it will be considered a CEM. NOW IS THE TIME TO OBTAIN EXPRESS CONSENT! Make sure you keep records. The onus is on you.
  • 18. Penalties The Rap • Penalties for non-compliance up to $1 million for individuals, and $10 million for businesses • With statutory damages of up to $200 for each violation of the prohibition. • Just one email or text can count as a violation.
  • 19. Scenario SCENARIO 1: A customer purchases a product from your online store. During the checkout process, the customer provides his or her email address for the purposes of obtaining an e-receipt. Can you add this customer to your marketing list? • Yes, implied consent. • Business relationship. • Think about express consent.
  • 20. Scenario SCENARIO 2: You are attending a trade show and meet a prospective customer who gives you their business card. Can you add this customer to your marketing list? • Yes, implied consent if they agree. • Content related to business role. • No, if they advised you not to send CEM’s.
  • 21. Scenario Scenario 3: If a business contact publishes or discloses an email address on their website can I email them? • Yes, implied consent if the business contacted has published or disclosed an email address. • No, if they have disclosed that they do not wish to receive unsolicited commercial electronic messages. .
  • 22. What can I do now to prepare for CASL? Please refer to handout/Link: Business Checklist for CASL Compliance: Canada’s Anti-Spam Legislation. How to prepare for Canada’s New Anti-Spam Legislation: • Business Awareness. • CEM Inventory and Review. • Know your exemptions. • Consent Reconfirm and Track.
  • 23. What can I do now to prepare for CASL? • Database Review. • Process Review.
  • 24. Questions Richard Bolton Twitter: @centricity360
  • 25. Resources For additional information here are some sources that we have reviewed to educate ourselves on the new law: Government of Canada – Canada’s Anti-Spam Legislation What Canada’s new anti-spam law means to you – Deloitte CASL: What you need to know about Canada’s new Anti-Spam Legislation – Retail Council of Canada Anti-Spam 101: Risks and Implications for business – FMC Law Bennett Jones Anti Spam Learning Centre Get Ready for Canada’s New Anti-Spam Law – Blakes CASL: Canadian Anti-Spam Legislation – A Checklist – Constant Contact Bill C-28 – Canada’s Anti-Spam Legislation (CASL) Readiness Checklist – InBox Marketing Getting Ready for Canada's Anti-Spam Legislation – Davis The current state of CASL – How To Prepare For CASL – Elite Email