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PREPARING FOR CASL
JUNE 27, 2014
A Checklist for Email Marketers
This document is provided for informational purposes
and ...
BLUEHORNET AT-A-GLANCE
2
Our unique combination of global expertise and innovative technology gives our 2,200+
clients the...
TODAY’S PRESENTER
Kara Trivunovic,
VP Strategic Services, BlueHornet
@ktrivunovic
3
This document is provided for informat...
4
This document is provided for informational purposes
and is not intended as legal advice.
TODAY’S AGENDA
 What is CASL?
 Defining Compliance
 5 Steps Every Marketer Should Take
 Q&A
5
This document is provide...
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%
This document is provided for information...
CHECK WITH LEGAL
14
This document is provided for informational purposes
and is not intended as legal advice.
EVALUATE YOUR PERMISSION PROCESS
15
1. Check Box
Not pre-checked
2. Sign up form
No pre-filled fields
This document is pro...
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...
Q&A
19
This document is provided for informational purposes
and is not intended as legal advice.
Download our CASL whitepa...
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Preparing for CASL: A Checklist for Email Marketers, by BlueHornet

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Preparing for CASL: A Checklist for Email Marketers, by BlueHornet

  1. 1. PREPARING FOR CASL JUNE 27, 2014 A Checklist for Email Marketers This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  3. 3. TODAY’S PRESENTER Kara Trivunovic, VP Strategic Services, BlueHornet @ktrivunovic 3 This document is provided for informational purposes and is not intended as legal advice.
  4. 4. 4 This document is provided for informational purposes and is not intended as legal advice.
  5. 5. TODAY’S AGENDA  What is CASL?  Defining Compliance  5 Steps Every Marketer Should Take  Q&A 5 This document is provided for informational purposes and is not intended as legal advice.
  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 Clearly identify who you are and/or who you are sending on behalf of This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  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. This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  13. 13. UNDERSTANDING YOUR CANADIAN PRESENCE 13 Canada: 12% US: 68% EU: 9% SA: 6% AU: 5% This document is provided for informational purposes and is not intended as legal advice.
  14. 14. CHECK WITH LEGAL 14 This document is provided for informational purposes and is not intended as legal advice.
  15. 15. EVALUATE YOUR PERMISSION PROCESS 15 1. Check Box Not pre-checked 2. Sign up form No pre-filled fields This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  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 This document is provided for informational purposes and is not intended as legal advice.
  19. 19. Q&A 19 This document is provided for informational purposes and is not intended as legal advice. Download our CASL whitepaper for a checklist and FAQs on preparing for the legislation – it’s not too late! www.bluehornet.com/CASL Have additional questions? Need help with your email marketing program? CONTACT US: BlueHornetCommunications@BlueHornet.com 619-295-1856

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