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Canada’s New Anti SPAM Legislation
“CASL”
What is Spam?
Spam can be defined as any electronic
commercial message sent without the express
consent of the recipient(s).
Other online threats such as spyware, phishing
and malware.
What is CASL?
Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited,
unwanted electronic messages out of Canadians’ in-boxes while
still permitting businesses, and consumers, to maintain mutually
beneficial relationships. (Deloitte)
The Anti-Spam Act imposes significant restrictions on the
sending of unsolicited commercial electronic messages or CEM’s.
Law was passed in December 2010
In effect: July 1st 2014
Who will police it?
• Industry Canada
• CRTC
Spam Reporting Centre
Consumers, businesses and other organizations will be
able to report the following messages on July 1, 2014:
• commercial electronic messages sent without consent;
and/or
• commercial electronic messages with false or
misleading content
CASL Basics
Canada’s Anti-Spam Legislation (CASL) generally
prohibits:
• sending CEMs to an electronic address without consent
= No SPAM;
• altering transmission data in an electronic message
= No Phishing;
• installing a computer program on a person's computer
= No Malicious software;
• causing a program on a person's computer system to
send an electronic message.
What’s the difference?
CASL vs. CAN-SPAM
CASL (Canada)
• Addresses broad range of
internet issues.
• Applies to all forms of
electronic messaging (email,
SMS, IM etc.).
• Prior permission based, or
Opt-In.
CAN-SPAM (USA)
• Addresses spam only.
• Applies only to email.
• Opt-out; you can mail.
anyone once.
What is a CEM?
What is a commercial electronic message or
CEM?
A commercial electronic message is any electronic message that
encourages participation in a commercial activity, regardless of
whether there is an expectation of profit.
Email, SMS Texts, instant messages and social network messages
(Twitter, Facebook) are all electronic messages.
What is exempt from CEM?
Even if a message is a CEM, you will not need
consent to:
– Send a quotation upon request.
– Complete a transaction.
– Provide warranty, recall or safety information.
In all of these cases you must still include the prescribed
information & an unsubscribe mechanism.
What information do I now have to
provide?
• CEM’s can be sent if:
You have the express or implied consent of the
recipient, or if consent is not required under CASL.
and the message:
- Identifies the sender
- Includes the required contact information; and
- Includes an unsubscribe mechanism
What is consent?
After July 1st, 2014:
You can’t send a CEM without consent from the
recipient.
2 forms of consent: Express and Implied
Consent is implied for 2 years or
until the person withdraws their consent.
What is Express Consent?
Express, meaning someone actively gave you
permission to send them a CEM.
Can be in the form of:
• Sign‐up on a website
• Response to a contest or coupon offer
• Sign‐up at point of sale
• Sign‐up over the phone
Example: Express Consent
What is Implied Consent?
Implied, meaning it would be reasonable to
conclude you have someone’s permission to
send them a CEM based on prior relationships.
A Family relationship
A personal relationship
A business or non business relationship
What can I do now to prepare for
CASL?
• CEM Audit and Process Review.
• Use some form of tracking system with an
audit trail. Maintain records for 3 yrs.
• Reconfirm Consent.
• CASL requires senders to: Identify themselves,
indicate on whose behalf, up to date contact
information, unsubscribe.
Why am I telling you this now?
Once CASL comes into force (July 1st , 2014), you
can’t send an electronic message requesting consent
because it will be considered a CEM.
Make sure you keep records. The onus is on you.
Penalties: $1million for individuals & $10million for
organizations.
Are you prepared to comply before
CASL comes into effect?
Summarize CASL
• CASL July 1st 2014 – In Effect.
• You can’t send an electronic message
requesting consent (After July 1st).
• Exemptions, i.e. quotations, transactions,
warranty.
• Consent: Express or Implied.
Summarize CASL
• Audit……Track……Reconfirm.
• CEM’s can be sent if:
– You have the express or implied consent of the
recipient, or if consent is not required under CASL.
and the message:
- Identifies the sender
- Includes the required contact information; and
- Includes an unsubscribe mechanism
Questions
Richard Bolton
rbolton@centricity360.com
www.centricity360.com
Twitter: @centricity360
Resources
For additional information here are some sources that we have reviewed to educate
ourselves on the new law:
Government of Canada – Canada’s Anti-Spam Legislation
What Canada’s new anti-spam law means to you – Deloitte
CASL: What you need to know about Canada’s new Anti-Spam Legislation – Retail
Council of Canada
Anti-Spam 101: Risks and Implications for business – FMC Law
Bennett Jones Anti Spam Learning Centre

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Canada's New Anti-Spam Legislation CASL

  • 1. Canada’s New Anti SPAM Legislation “CASL”
  • 2. What is Spam? Spam can be defined as any electronic commercial message sent without the express consent of the recipient(s). Other online threats such as spyware, phishing and malware.
  • 3. What is CASL? Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited, unwanted electronic messages out of Canadians’ in-boxes while still permitting businesses, and consumers, to maintain mutually beneficial relationships. (Deloitte) The Anti-Spam Act imposes significant restrictions on the sending of unsolicited commercial electronic messages or CEM’s. Law was passed in December 2010 In effect: July 1st 2014
  • 4. Who will police it? • Industry Canada • CRTC Spam Reporting Centre Consumers, businesses and other organizations will be able to report the following messages on July 1, 2014: • commercial electronic messages sent without consent; and/or • commercial electronic messages with false or misleading content
  • 5. CASL Basics Canada’s Anti-Spam Legislation (CASL) generally prohibits: • sending CEMs to an electronic address without consent = No SPAM; • altering transmission data in an electronic message = No Phishing; • installing a computer program on a person's computer = No Malicious software; • causing a program on a person's computer system to send an electronic message.
  • 6. What’s the difference? CASL vs. CAN-SPAM CASL (Canada) • Addresses broad range of internet issues. • Applies to all forms of electronic messaging (email, SMS, IM etc.). • Prior permission based, or Opt-In. CAN-SPAM (USA) • Addresses spam only. • Applies only to email. • Opt-out; you can mail. anyone once.
  • 7. What is a CEM? What is a commercial electronic message or CEM? A commercial electronic message is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. Email, SMS Texts, instant messages and social network messages (Twitter, Facebook) are all electronic messages.
  • 8. What is exempt from CEM? Even if a message is a CEM, you will not need consent to: – Send a quotation upon request. – Complete a transaction. – Provide warranty, recall or safety information. In all of these cases you must still include the prescribed information & an unsubscribe mechanism.
  • 9. What information do I now have to provide? • CEM’s can be sent if: You have the express or implied consent of the recipient, or if consent is not required under CASL. and the message: - Identifies the sender - Includes the required contact information; and - Includes an unsubscribe mechanism
  • 10. What is consent? After July 1st, 2014: You can’t send a CEM without consent from the recipient. 2 forms of consent: Express and Implied Consent is implied for 2 years or until the person withdraws their consent.
  • 11. What is Express Consent? Express, meaning someone actively gave you permission to send them a CEM. Can be in the form of: • Sign‐up on a website • Response to a contest or coupon offer • Sign‐up at point of sale • Sign‐up over the phone
  • 13. What is Implied Consent? Implied, meaning it would be reasonable to conclude you have someone’s permission to send them a CEM based on prior relationships. A Family relationship A personal relationship A business or non business relationship
  • 14. What can I do now to prepare for CASL? • CEM Audit and Process Review. • Use some form of tracking system with an audit trail. Maintain records for 3 yrs. • Reconfirm Consent. • CASL requires senders to: Identify themselves, indicate on whose behalf, up to date contact information, unsubscribe.
  • 15. Why am I telling you this now? Once CASL comes into force (July 1st , 2014), you can’t send an electronic message requesting consent because it will be considered a CEM. Make sure you keep records. The onus is on you. Penalties: $1million for individuals & $10million for organizations. Are you prepared to comply before CASL comes into effect?
  • 16. Summarize CASL • CASL July 1st 2014 – In Effect. • You can’t send an electronic message requesting consent (After July 1st). • Exemptions, i.e. quotations, transactions, warranty. • Consent: Express or Implied.
  • 17. Summarize CASL • Audit……Track……Reconfirm. • CEM’s can be sent if: – You have the express or implied consent of the recipient, or if consent is not required under CASL. and the message: - Identifies the sender - Includes the required contact information; and - Includes an unsubscribe mechanism
  • 19. Resources For additional information here are some sources that we have reviewed to educate ourselves on the new law: Government of Canada – Canada’s Anti-Spam Legislation What Canada’s new anti-spam law means to you – Deloitte CASL: What you need to know about Canada’s new Anti-Spam Legislation – Retail Council of Canada Anti-Spam 101: Risks and Implications for business – FMC Law Bennett Jones Anti Spam Learning Centre