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Centricity360 Canadian Anti Spam Legislation - February 2014

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This is a Centricity360 FAQ primer on the new Canadian Anti-Spam Legislation (CASL).What you need to know about Canada’s new Anti-Spam Legislation. What is CASL? What is a Commercial Electronic …

This is a Centricity360 FAQ primer on the new Canadian Anti-Spam Legislation (CASL).What you need to know about Canada’s new Anti-Spam Legislation. What is CASL? What is a Commercial Electronic Message (CEM)? What is consent? Express vs. Implied. In effect: July 1st 2014

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  • 1. Canada’s New Anti SPAM Legislation “CASL”
  • 2. 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.
  • 3. What is CASL? Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited, unwanted electronic messages out of Canadians’ inboxes 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. In effect: July 1st 2014
  • 4. 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 (Tweets, Facebook Posts) are all electronic messages.
  • 5. 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
  • 6. What is consent? After July 1st, 2014: You can’t send a CEM without consent from the recipient.
  • 7. What is consent? Express Consent. Express, meaning someone actively gave you permission to send them a CEM. 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
  • 8. What is consent? Implied Consent. Implied, meaning it would be reasonable to conclude you have someone’s permission to send them a CEM based on prior relationships. A Family relationship A personal relationship A business or non business relationship
  • 9. 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. Make sure you keep records. The onus is on you. Are you prepared to comply before CASL comes into effect?
  • 10. Questions 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 Richard Bolton - President www.centricity360.com E - rbolton@centricity360.com T - @centricity360 Driving Business Growth