High-level overview of the Canadian Anti-Spam Legislation (CASL) for marketers and communicators. Provides a simplified Commercial Electronic Message (CEM) requirements map. The presentation also provides a manual process for managing unsubscribe requests across decentralized contact lists.

1. Canadian Anti-Spam
Legislation (CASL)
Presenter
Ken Knitter
Date: May 28, 2014

2. What is CASL?
Canadian Anti-Spam Legislation (CASL)
• Prescribes rules & standards for sending Commercial Electronic Messages
(CEMs)
• Applies to the installation of computer programs and applications
3 Simple Rules
2 CASL
You must have expressed or implied consent to
send message
You must clearly & simply identify yourselves and
anyone else on whose behalf the message is sent
In every message you send, you must provide a
way for the recipient to unsubscribe from
receiving messages in the future

3. What Are The Risks?
3 Risks
Liability
• Enforcement by CRTC
• Up to $10 Million per violation
• Violations may be assessed
separately for each day of non-compliance
(e.g., $1M per day a
computer program was installed)
• Officers, directors, agents can be
liable
• Individuals can also sue for
compensatory and statutory
damages
• Class action friendly
Other Consideration
• Reputation damage
• Poor customer experience

4. When?
July 1, 2014 – Anti-Spam rules
Jan. 15, 2015 Computer program &
App rules
July 1, 2017 Individuals can sue –
Possibility of Class Action suits
emerges
4 Key Dates

5. What’s a CEM
COMMERCIAL ELECTRONIC MESSAGES
Electronic Messages
• Email
• Text Messages / Instant Messages
• Social Media
Commercial Activity or Intent
• Promotional
• Sale / lease of product or service
• Investment or business opportunity
• Request for consent
5 Commercial Electronic Messages

6. Consent
Standard
Content
Express
Implied
Identify
Unsubscribe
CEM
Written
Oral
Existing Business Relationship
Non-Business Relationship
Published / Disclosed
CEM Requirements Map
6 Commercial Electronic Message Requirements Map
Exemption requires
you to document your
list carefully.
Safest route is to
ensure express
consent and include
standard content.
Exercise caution with
oral consent.

7. Consent
REQUIREMENTS EXAMPLES
• Need separate consent for:
• CEMS
• Data transmission
• Programs
• Can’t bundle consent in other agreements
• Can’t use toggle
• Should send confirmation (or even better
double opt-in)
7 Consent Requirements

8. Identify
REQUIREMENTS EXAMPLE
• Business Name
• Contact Information
• Physical Mailing Address
• Phone Number, email address or web site
of sender
• Contact information must be valid for at
least 60-days after the CEM has been
sent
Alternative
• Can be posted on a web page
• Clear link to this web page must be
contained with the CEM (e.g., text
message)
8 Identify Requirements

9. Unsubscribe
REQUIREMENTS EXAMPLES
• No Cost
• Same means (e.g., via email or text)
• Can be an email address or a link
• Must be processed within 10 days
9 Unsubscribe requirements

10. Exemptions
IDENTIFYING EXEMPTIONS RESULTS
• There are a number of exemptions that
may apply.
• These are covered in the CASL Training
package.
• Document your lists, evaluate contact by
contact and remove those that are not
exempt.
• Send non-exempt contacts to Ken Knitter
for centralized opt-in campaign.
The net results of applying these exemptions
would lead to one of these 4 possibilities:
1. You must to prove the consent of each
recipient and comply with the “form”
requirements of CASL.
2. The recipient’s consent is implied until they
“unsubscribe” or prescribed time limit
expires (6 months or 2 years) and you
must to comply with the “form”
requirements of CASL;
3. The recipient’s consent is not
required but you must to comply with the
“form” requirements of CASL; or
4. Neither the form or consent requirements
of CASL would apply.
10 Exemptions

11. Interim Unsubscribe Process – Email-Based Unsubscribe
For non-centralized contact data
11 Email-Based Unsubscribe

12. Interim Unsubscribe Process – Link-Based Unsubscribe
For non-centralized contact data
12 Link-Based Unsubscribe

13. ? Q&A
13