Derek Lackey addresses how to implement consent under the Canadian Anti Spam Legislation.

1. Applying the 5 Types of
Consent Under CASL
OCTOBER 25, 2017

2. Derek A. Lackey
2
• Author of CASL Compliance: A Marketer’s Guide to Email Marketing to Canadians.
• http://www.caslcompliant.ca/about
• Public Speaker, Privacy & Data Compliance
• President, Direct Marketing Association of Canada
• http://www.directmac.org/dmac-board/derek-lackey
• Strategic Partner - Alliance For Audited Media
• https://auditedmedia.com/news/aam-announces-new-casl-compliance-program

3. USA
EUROPE
CANADA
CASL &
PIPEDA GDPR
PECR
CAN-
SPAM
“The more we use
data for marketing;
the more
regulations we
must deal with.”

4. 4

5. Two Options To Manage CASL
5
The STAY OUT OF TROUBLE program
• Prove consent for EVERY individual
• Send all emails with prescribed info
• Include a working unsubscribe
The GET OUT OF TROUBLE program
• Appoint a Chief Compliance Officer
• Design processes & practices to comply
• Create an Electronic Messaging Policies
& Procedures Manual
• Include your consumer complaint process
• Include your internal discipline process
• Train your staff

6. PROVE
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8. The 5 Stages of CASL Compliance: Pre-Assessment
8
Start with a comprehensive examination of your organization’s existing
electronic messaging programs

9. The 5 Stages of CASL Compliance: Design
9
Using as many of your current practices as possible, we design your
compliant processes

10. The 5 Stages of CASL Compliance: Document
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Document your entire organization’s email/SMS policies and practices in your
Electronic Messaging Policies & Procedures Manual

11. The 5 Stages of CASL Compliance: Track
11
Consent must be tracked so you can prove it. Changes in real-time data need new
technologies to help track changes

12. The 5 Stages of CASL Compliance: Train
12
Your staff must be trained in your electronic messaging practices.
They must understand their role in compliance.

13.  Every company and industry is
different.
 CASL allows you to select the types
of consent for your compliance
program. EXPRESS is obviously best,
but we have seen brands choose
IMPLIED Consent: Existing Business
Relationship, and only email existing
customers.
 Make your choices based on what
works for your organization.
Choosing Consent
13

14. The 5 Types of CASL Consent
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1.EXPRESS consent
2.IMPLIED consent: Existing Business Relationship
3.IMPLIED consent: Existing Non-Business Relationship
4.IMPLIED consent: Conspicuously Published / Referred
5.PERSONAL relationship consent

15. The 5 Types of Consent
15
1. EXPRESS consent
 People who take a positive action to willingly and clearly sign
up to receive emails. Consent is valid for life or until they
unsubscribe.
 Sender must prove date & time stamp and IP address

16. What to include in your opt-in language:
16
1.Company name and mailing address
2.Description of the messages you intend to send
3.Contact name and two ways to reach that person
4.State, “You can unsubscribe at any time.”

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19. The 5 Types of Consent
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2. IMPLIED Consent: Existing Business Relationship
 Existing business relationships such as customer or near
customers (those you have sent a proposal to). Consent is valid
for two years. Light touch - consent is valid for six months.
 Expression of interest, white paper sign ups, webinar
registrants, all equal light touch.

20. Website Forms
20
Sign up for a webinar
• The fields a recipient completes registers
them for the webinar. You cannot assume
email consent from this action.
Sign up for our email list
• Using a separate unchecked check box
within close proximity to the SUBMIT
button, you must use the proper language
(see previous slide). The consumer must
take a positive action to prove they
willingly opted in to your email list.
If your form has multiple uses, create two separate transactions and add an unchecked check box.

21. The 5 Types of Consent
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3. IMPLIED Consent: Existing Non-Business Relationship
 Existing non-business relationships such as members, donors
or volunteers. Consent is valid for two years. Light touch -
consent is valid for six months
 Expression of interest, white paper sign ups, webinar
registrants, all equal light touch.

22. The 5 Types of Consent
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4. IMPLIED Consent: Conspicuously Published / Referred aka
the B2B Clause
You must prove:
 You know their current role
 They publicly displayed their email address without restrictions
 Your messages are relevant to their role

23. Recordkeeping
23
Take new screen grabs every two years to ensure they are in the same
role and their email is still on public display.
If you are referred you can email the person once ensuring that you
identify the referrer, including their contact info. The purpose of the first
email is to clearly request willing consent. Then you are free to email at
will - always with an unsubscribe. Store the proof.

24. The 5 Types of Consent
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5. PERSONAL Relationship
You must prove:
 You know the person, on a face-to-face basis (no social media “friends”)
 There is a two-way communication relationship now and in the past
Few of us send grandma or cousins commercial electronic emails.

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26. Summary
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Email Best Practices = CASL:
Ask permission to send promotional offers and info.
Always allow them to unsubscribe.
Be transparent - always be clear who you are.
Only send relevant messages - they will unsubscribe.
Do not bombard them - they will unsubscribe.

27. Questions?

28. Learn more
• angie.sanna@auditedmedia.com
• dlackey@newportthomson.com
• Visit auditedmedia.com