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.

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

  1. 1. Canada’s Anti SPAM Legislation How will CASL affect my business and what should I be doing about it today?
  2. 2. Agenda 1. Overview of CASL 2. Scenarios 3. Review “Business Checklist for CASL” 4. Questions
  3. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 14. Example: Express Consent
  15. 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. 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. 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. 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. 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. 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. 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. 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. 23. What can I do now to prepare for CASL? • Database Review. • Process Review.
  24. 24. Questions Richard Bolton rbolton@centricity360.com www.centricity360.com Twitter: @centricity360
  25. 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 – itbusiness.ca How To Prepare For CASL – Elite Email

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