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Preparing for Canada's Anti-Spam Law - 5 Things Email Marketers Should Do

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On July 1st 2014, Canada's New Anti-Spam Law (CASL), which requires an explicit opt-in for any CEM entering or leaving Canada, will go into effect. This impacts any marketer sending email to Canadian addresses.


If you’re wondering how to navigate the new legislation, watch our on-demand webinar: 5 Things Email Marketers Should Do to Prepare for Canada’s New Anti-Spam Law.


Presented by Kara Trivunovic, VP of Strategic Services and Chris Vitulski, Deliverability Management Specialist at BlueHornet, this webinar covers the steps you should take to accommodate the new CASL requirements.

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Preparing for Canada's Anti-Spam Law - 5 Things Email Marketers Should Do

  1. 1. 5 THINGS EMAIL MARKETERS SHOULD DO TO PREPARE FOR CASL MAY 7, 2014
  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
  3. 3. TODAY’S PRESENTERS Kara Trivunovic, VP Strategic Services, BlueHornet @ktrivunovic 3 Chris Vitulski, Deliverability Management, BlueHornet @cvituls
  4. 4. 4
  5. 5. TODAY’S AGENDA  What is CASL?  Defining Compliance  5 Steps Every Marketer Should Take  Q&A 5
  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 Cleary identify who you are and/or who you are sending on behalf of
  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
  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
  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.
  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
  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
  13. 13. UNDERSTANDING YOUR CANADIAN PRESENCE 13 Canada: 12% US: 68% EU: 9% SA: 6% AU: 5%
  14. 14. CHECK WITH LEGAL 14
  15. 15. EVALUATE YOUR PERMISSION PROCESS 15 1. Check Box Not pre-checked 2. Sign up form No pre-filled fields
  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
  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
  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
  19. 19. THANK YOU 19 Have additional questions about CASL? CONTACT US AT: BlueHornetCommunications @BlueHornet.com

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