#beCASLready: Understanding Canada’s New Anti-Spam Laws


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This presentation was given by Miranda Paquette, Manager of Compliance and Privacy at Canada Post. It covers what CASL (Canada’s Anti Spam Legislation) is, what new rules it will entail, and how they’ll impact marketing plans. It also includes what marketers need to do to comply with the new laws and how to prepare.

To read more about CASL visit our blog: http://www.canadapost.ca/directmailworks
Follow us on Twitter to stay informed with best practices and future webinars: https://twitter.com/direct_cpc

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#beCASLready: Understanding Canada’s New Anti-Spam Laws

  1. 1. Canada’s Anti-Spam Legislation Overview Presentation CPC Compliance Team February 2014
  2. 2. 2 What are the Rules?
  3. 3. 3 Commercial Electronic Messages = CEMs Rules apply to: Commercial electronic messages (CEMs) Sent to electronic addresses
  4. 4. 4 What are the Anti-Spam Rules? Prohibited to send CEM unless: The person consents (can be implied or express) The message includes: – identification information – contact information – unsubscribe mechanism
  5. 5. 5 What are the consent rules? Can be implied based on existing business relationship Express (opt-in) Can be orally or in writing but business has burden of proof No consent via email after the legislation is in force Must get separate consent for each activity
  6. 6. 6 Exceptions that may apply Seven exceptions to CASL likeliest to apply to marketing activities: 1) Current business relationship (b2b) 2) Business inquiries or applications 3) Response to request or complaint 4) Conspicuous publication* 5) Existing business relationship* (b2c) 6) Disclosed email addresses* 7) Referrals* *time limited and/or must still comply with content requirements
  7. 7. 7 Four steps to be compliant 1) Format and content changes to outbound messages: identify all senders include contact information include opt out 2) Consumer re-permission or purge 3) Use of third-party data 4) Backend data management
  8. 8. 8 Data Management Backend data management requirements: Record consents Capture time limits for all implied consents Create a 1-click unsubscribe function Capture unsubscribe requests and action w/i 10 days Contact info link active for 60 days
  9. 9. 9 Examples
  10. 10. 10 What’s Wrong With This Email?
  11. 11. 11 What’s Right with this Email?
  12. 12. 12 Express Consent Dear Sam Smith, Canada is set to enact new anti-spam legislation which, when it comes into force, will regulate the distribution of electronic messages. To comply with this new law, Santa Claus Inc. is required to obtain your consent in order to continue to send you e-communications from our firm. This may include newsletters, publications, announcements, invitations and other news or information. Please use the button below to confirm your consent to receive emails and other electronic exchanges, as outlined above, from Santa Claus Inc. If at any time you would like to withdraw your consent or update your profile and preferences, you can do so by clicking here or by contacting us directly. More information on Canada’s new anti spam law can be obtained by visiting: http://www.crtc.gc.ca/eng/archive/2012/2012-183.htm. Please do not hesitate to contact us for more information. Thank you for your attention to this matter. Santa Claus Inc. Phone: 416 555-1212• Fax: 416 555 1212 •santa news@canadapost.ca 2100 Santa Plaza, 1 Candy Cane Lane, Canada HOHOHO www.santaclause.ca View our privacy policy.
  13. 13. 13 Next Steps  Inventory your campaigns & determine: o Is it a CEM? o Do we need consent? o Do we need special content? o Do we need an unsubscribe? o Is there an exemption we can use?  If you have consent determine: o Do we know when and how we got consent? o What is our relationship with this group of individuals o Purge or refresh consent where you can before the legislation comes into force  Make sure you have back-end data management that can support compliance.