Understanding & Working with CASL: Engaging Your Canadian Audience
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The document discusses Canada's Anti-Spam Legislation (CASL) and how marketers can ensure compliance. CASL regulates commercial electronic messages sent to individuals in Canada. It requires express consent to send marketing emails and sets penalties for violations. The document provides tips for marketers to review their databases and campaigns to obtain proper consent levels under CASL and creative strategies to move contacts from implied to express consent.
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Understanding & Working with CASL: Engaging Your Canadian Audience
- 1. Understanding & Working with CASL: Engaging Your Canadian Audience Stacey Thornberry Sr. Manager, Field Marketing Marketo
- 2. Demystifying the rules and regulations of CASL
- 3. • North America: already driven by the rules of CAN-SPAM • Requirements for commercial messages: • Gives recipients the right to have you stop emailing them • Tough penalties for violations Subscription Regulations Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 4. • 2014 brought CASL (Canada Anti-Spam Legislation): • One of the toughest laws of its kind in the world • Organizations that don’t comply risk serious penalties, including criminal charges, civil charges, personal liability for company officers and directors, and penalties up to $10 million. NEW Subscription Regulations Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 5. • What applies? Commercial Electronic Messages • Message encourages recipients to take part in some kind of commercial activity • Electronic Format: emails/IMs/texts • Sent to OR from a computer located in Canada • GREAT NEWS: Fax is excluded! How Does This Limit Us? This could be you! Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 6. 3 Levels of Consent Inquiry Implied Express •Can email them if they inquired on our business •Expires after 6 months •Can email them if we have existing relationship •Expires after 2 years •Can email them if they are fully opted in •Does not expire Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 7. *Source: http://fightspam.gc.ca/eic/site/030.nsf/eng/home Get the Facts* Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 8. Steps to review your own compliance
- 9. • Evaluate your database • Create fields for CASL compliance • Date • Reason • Review all sources for consent • Educational Materials: Blog/Resource Downloads/Classes • “Contact Me” Requests • New Customers • Event Registration/Attendance • Run regular Smart Campaigns to update consent status Compliance with CASL Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 10. Creative campaigns to earn Express Consent
- 11. • Goals: • Gain opt-in consent from all new names in the system • Move people from Inquiry or Implied Consent to Express Consent • Result: Opt-in doesn’t expire (minus unsubscribe updates) Establish Long-Term Canadian Consent Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 12. • Engaged third-party calling firm • Targeted: • Known Leads: No consent engagement • Verbal opt-in on the phone and provide Definitive Guide in return • Third-party firm fills out form to trigger values for CASL Calling Campaigns Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 13. • Identify any visitor on your digital assets as from Canada • Known: leverage Marketo • Unknown: leverage IP address • Show a hidden field for express opt-in • Trigger off of that field in Marketo to populate CASL values of opt-in date and description Ask for Opt-In Expressly Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 14. Why Not Be Direct? • Target known leads in your database: • No consent • Inquiry • Implied • Ask them to give Express Consent! Web Personalization Paid Social (Using AdBridge) Facebook Twitter Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 15. • Target Anyone in Canada • Ensure they ALL see the opt-in checkbox regardless of known/unknown status or IP address • Provide them with a top- performing asset Geo Segment: Content Syndication & Paid Social Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 16. • Target known leads in your database: • Inquiry • Implied • Ask them to upgrade to a Best Friendship aka Express Consent Email Campaign Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 17. Sponsored Events • Pro tip: Use signage for opt-in • Booth visitors: • With your lead scan or business card submission, you will be signed up to receive communications from Marketo. Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 18. Field Events • Pro tip: Use signage for opt-in at co-sponsored events • Check-in table: • Thanks for joining us! By attending this event, you will be signed up to receive communications from Marketo, Demand Spring & Uberflip. Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 19. • Law: http://fightspam.gc.ca/eic/site/030.nsf/eng/home • Cheat Sheet: https://www.marketo.com/cheat-sheets/a-marketers-guide-to- canadas-anti-spam-legislation-casl/ • Webinar: https://www.marketo.com/webinars/getting-ready-for-the-canadian- anti-spam-legislation/ • Database Checklist: http://pages2.marketo.com/rs/marketob2/images/nNovation%20LLP%20CASL% 20Database%20Checklist.pdf • Campaigns Checklist: http://pages2.marketo.com/rs/marketob2/images/nNovation%20LLP%20CASL% 20Campaign%20Checklist.pdf Helpful Resources Marketo Proprietary and Confidential | © Marketo, Inc. 7/19/17
- 20. Thank You!
Editor's Notes
- Demystifying the rules and regulations of CASL Steps to review your own compliance Creative campaigns to earn Express Consent
- All of NA already ruled by CAN-SPAM regulations – protecting people from bombardment of Spam – event for B2B emails It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
- July 2014 – Canada specific law came into place limiting our loving relationships – and the 3-year transitional period is just around the corner – were you could be fined up to $10M!!! Limited our loving relationships July 2014: came into force w/ 3-year transitional period July 2017: transitional period ends and mandatory review is triggered!
- So how do you avoid a $10M fine? What applies? Commercial Electronic Messages – let’s break that down: Anything encouraging commercial activity in an electronic format and to/from Canada – and most importantly: Applies to EVERYONE – sales/marketing/etc But excellent news: you could be like this cat and fax your message!
- Inquiry ex: Contact Request Implied ex: purchase w/in last 2 years – engaged with educational content Express: explicitly opted in
- Myth: Can’t use your current list / Fact: OK if you get the right consent Myth: Illegal to promote your products/services AT ALL – even on social! / Fact: No – you just need the right consent – and social is OK Myth: Pre-CASL express consent is moot / Fact: Still valid Myth: CASL will magically eliminate all spam / Fact: That’s nearly impossible for any law, but it will help Canadians Myth: Compliance is HARD and costly / Fact: You’re probably already doing it a lot of it – just need a few extra steps Myth: Fined up to $10M / Fact: Not automatic repercussions – varies from warnings to penalites
- So with reactivation campaigns, we worked on getting a loving database. But we also need to focus directly on those Canadians and weed out those that haven’t let you know they love you completely – and update those how love you…for now. So how can you do it? Evaluat levels of consent tied to these different sources. Make sure to update on the prescribed basis per consent type. Pro Tip: Add CASL description in your unsubscribe/or email template for your Canadian contacts to be upfront with them – ultimately helping your sender reputation, which we just learned is very important for a healthy loving email database!
- As you can imagine, your compliance with CASL may bring your loving database down to a smaller number – so we established goals to gain more express consent by getting those new names right off the bat and directly reaching out to those with implied or inquiry consent to convert them to express
- Since calls are excluded – we hired this baby to call Canadians without express consent to see if they love Marketo! Provided them with a DG in exchange for opt-in and calling firm fills out a form to populate the CASL details for compliance
- Remember to include your mailing address/phone number/email address/web address to comply DO NOT PRECHECK THE BOX – illegal! Doesn’t count! Fake love!
- As we all know, communication is key to a loving relationship. So why not be upfront and tell them exactly what we’re looking for?
- Can also try targeting by geo segment – since you know they’re Canadians, you can keep your opt-in box on your form (no need to hide it) – partner with your content syndication vendor for full compliance
- Find some new people to love. Reach new audiences and create new relationships. Ensure you mark these people with the RIGHT consent level and data when you enter them into Marketo – and then try some of the previous campaigns again to get them to the next level of love
- Engage your local reps to create in-person loving relationships. This is an extremely high level of engagement – so give them some thought leadership and provide value to the relationship With all of these programs, you’ll increase your overall marketable database for Canada – and hopefully expand to even MORE express consent! Building TRUE loving relationships with your audience
- In case you want some help making sure you’re engaged in the right level of love for Canadians, check out our helpful resources! Take a pic to research later or reach out to me on Twitter – but most importantly, consult your legal counsel, or reach out to our Deliverability Team here at Marketo!
- Update with new cover from visual brand deck.