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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.
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.
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
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 provided for informational purposes
and is not intended as legal advice.
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.
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.
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.
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.
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.
5 STEPS TO TAKE
11
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.
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.
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 provided for informational purposes
and is not intended as legal advice.
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.
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.
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.
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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Preparing for CASL: A Checklist for Email Marketers, by BlueHornet

  • 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. 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. 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 This document is provided for informational purposes and is not intended as legal advice.
  • 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. 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. 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. 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. 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. 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. 5 STEPS TO TAKE 11
  • 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. 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. CHECK WITH LEGAL 14 This document is provided for informational purposes and is not intended as legal advice.
  • 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. 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. 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. 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. 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

Editor's Notes

  1. Hi. I’m Kim Tucker with BlueHornet. Welcome to “Preparing for CASL: A Checklist for Email Marketers”. Today we’ll explore the implications of the new Canadian Anti-Spam Legislation and provide some guidance on how you can prepare. The content provided in this webinar is for informational purposes only and is not intended as legal advice.
  2. First a quick word about BlueHornet. Our email platform and services help you drive revenue and high ROI with data-driven lifecycle messaging campaigns. Our intuitive interface and advanced automation enable you to deliver relevant content and a responsive, personalized experience on any device across multiple channels. With data centers, offices and localization services around the world, we can support your business globally. And our award-winning 360 degree Support team ensures you are never on your own.
  3. Joining us today is Kara Trivooonavich, VP of Strategic Services at BlueHornet Kara is an email industry insider who has been driving channel strategy for Fortune 500 companies for more than X years. She regularly writes and blogs for publications including ClickZ and Media Post. And you may have seen her present at conferences like the MarketingSherpa Email Summit , and the Email Insider Summit. I know she’s looking forward to presenting to you today, so I’ll turn things over. Kara?
  4. Thank you Kim for the kind introduction. I want to welcome you all to the exciting topic of CASL – and thank you for taking time out of your day to join us. Data privacy concerns continue to be a hot topic of conversation around the globe – and email marketers are often impacted. Today, they run through the ranks of even the highest levels of government. And the introduction of the new Canadian Anti Spam Laws are just another example. As we have been talking with brands and clients alike, there have been a lot of questions about specific scenarios and how they will affect their email program as it relates to CASL – so we wanted to make sure we allow for enough time for questions at the tail end of this. So
  5. Today we are going to quickly take you through the definition of CASL and what it means to be compliant. Then we will quickly review some steps that you all should be taking in addressing CASL compliance for you programs and finally open it up to QA. With that, I am going to hand it over to Chris, chris, it’s all yours.
  6. There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada. CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission. Expand on each of these sub heads to include examples, such as: The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail. Chris, you should work on the talk track for this slide.
  7. CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada. CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission. Expand on each of these sub heads to include examples, such as: The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail. Chris, you should work on the talk track for this slide.
  8. CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada. CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission. Expand on each of these sub heads to include examples, such as: The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail. Chris, you should work on the talk track for this slide.
  9. CHRIS - There is a long history in the development of the CASL position dating back about 4 years when Canadian officials had drafted one of the most restrictive spam laws in the world. From 2010 through 2013 iterations of the law continued until to evolve until the most current version was approved in December of this past year. There are three major considerations for marketers sending email in to or out of Canada. CHRIS – be sure to call out that unlike US can-spam laws that are applicable to Email – the CASL laws are specific to an electronic communication – across email, IM, phone, or any other electronic transmission. Expand on each of these sub heads to include examples, such as: The consent element requires that marketers have an express opt-in or consent to receive Commercial Electronic Messaging. The permission requirement is stricter than that of the US Can-SPAM requirements in that pre-existing business relationship is not enough under CASL. Nor is permission provided via a prechecked box – under CASL requirements a consumer must provide express consent, interpreted as taking an actual action to provide approval or permission to mail. Chris, you should work on the talk track for this slide.
  10. Let’s open it up for questions. We’ve got a few coming in. If we don’t get to your question, we’ll be sure to follow up with you. Here’s our first question from… Peter:  If I have a Canadian subscriber who hasn’t been active since 2012,  can I send to them? Natalie: Must a valid mailing address be a Canadian address or can my corporate headquarters in the US be used? Ashley:  Are professional services organizations or agencies exempt? John:  Is it ok to ask consumers to sign in to unsubscribe? Clare:  Does the corporation or individual need to be located inside Canada in order to be fined? Tom:  What about time spans for honoring opt outs?  Is CASL like CAN-SPAM? Tom:  What about shippers like a Fed Ex tracking number send? Julie:  What about at tradeshows, when people leave their business cards or leave information about themselves on a list? Alyssa:  I know there’s been a lot of talk about Blackberry devices, because their email runs through Canada.  Will this affect emails sent to the US and other countries? Evan: How do I get express consent?  Do you have real life examples? Katie: When there are multiple affiliates involved, a rental car and hotel company for example, do they both require express consent? Jeremy:  Who can bring suit and when? It looks like we’re out of time. Thanks for joining BlueHornet today; we hope you found the content useful. If you have further questions about CASL or would like some help improving your email marketing programs, you can contact us at BlueHornetCommunications at BlueHornet.com or 619-295-1856. Have a great day and enjoy the rest of the Digital Marketing Virtual Summit!