CASL is Canada's anti-spam legislation that prohibits the sending of commercial electronic messages without consent. It applies to all organizations in Canada and violations can result in substantial penalties. The document discusses what CASL prohibits, whether it applies to certain organizations like charities, and provides tips for compliance including understanding what messages require consent and how to obtain valid express or implied consent.
Canada's Anti-Spam Legislation (CASL) comes into effect on July 1, 2014 and will have a significant impact on how Canadian organizations can legally communicate with their clients, prospects, members and partners.
The penalties for non-compliance with CASL are severe, with fines of up to $10 million. Understanding key information regarding the changes will help you adapt your marketing strategies and avoid litigation.
In this presentation, Wendy Wagner and Anca Sattler of Gowlings provide an overview of CASL and outline how organizations can remain compliant with the legislation while ensuring continued success with their marketing efforts.
To learn more about how Gowlings can help you comply with CASL, visit www.gowlings.com/CASL
Canada’s Anti-Spam Legislation goes into effect July 1, and marketers who believe that compliance with the United States’ CAN-SPAM Act also will cover their activities in Canada could be setting themselves up for a rude and expensive surprise. Unlike the opt-out approach of the United States’ CAN-SPAM Act, CASL’s opt-in orientation prohibits all commercial electronic messages (CEMs) that are sent without proper consumer consent, including e-mail, text, social media, sound and image messages.
Texas Lawyer Advertising: Being Strategic While Remaining in ComplianceStacey Burke
A thorough discussion of the 2021 changes to the Texas lawyer advertising rules by 20-year lawyer Stacey E. Burke to the Coastal Bend Women Lawyers Association.
Canada's Anti-Spam Legislation (CASL) comes into effect on July 1, 2014 and will have a significant impact on how Canadian organizations can legally communicate with their clients, prospects, members and partners.
The penalties for non-compliance with CASL are severe, with fines of up to $10 million. Understanding key information regarding the changes will help you adapt your marketing strategies and avoid litigation.
In this presentation, Wendy Wagner and Anca Sattler of Gowlings provide an overview of CASL and outline how organizations can remain compliant with the legislation while ensuring continued success with their marketing efforts.
To learn more about how Gowlings can help you comply with CASL, visit www.gowlings.com/CASL
Canada’s Anti-Spam Legislation goes into effect July 1, and marketers who believe that compliance with the United States’ CAN-SPAM Act also will cover their activities in Canada could be setting themselves up for a rude and expensive surprise. Unlike the opt-out approach of the United States’ CAN-SPAM Act, CASL’s opt-in orientation prohibits all commercial electronic messages (CEMs) that are sent without proper consumer consent, including e-mail, text, social media, sound and image messages.
Texas Lawyer Advertising: Being Strategic While Remaining in ComplianceStacey Burke
A thorough discussion of the 2021 changes to the Texas lawyer advertising rules by 20-year lawyer Stacey E. Burke to the Coastal Bend Women Lawyers Association.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Canada’s Anti-Spam Legislation: What Charities and Not-For Profits Need to Kn...NetSquared Vancouver
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
Maanit Zemel is a Partner with the law firm of Miller Thomson LLP, practicing out of the Toronto office, where she advises businesses, non-profit organizations, charities and individuals on a variety of legal issues. Ms. Zemel has substantial experience and expertise in internet and social media law, including Canada’s Anti-Spam Legislation (“CASL”), online privacy, online defamation, cyberbullying and cyber-security. As a member of Miller Thomson’s CASL Advisory Group, she assists her clients with developing and implementing practical policies and procedures for complying with CASL.
Kentucky Women Trial Lawyers Marketing PresentationStacey Burke
Personal injury trial lawyer and law firm consultant Stacey Burke shares insights on maintaining compliance with Kentucky attorney advertising rules when marketing your legal services.
Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media...Kevin O'Shea
Topics Addressed:
Advertising
LinkedIn
Are Facebook and Twitter Regulated Attorney Advertising?
Group Coupons or Daily Deals for Discounted Legal Services
Social Media
Liability for Posting
Responding to False Accusations/Bad Reviews
Cloud Computing
Confidentiality
Security
Employee Risks
Listservs
The new Canadian Anti-Spam Legislation (CASL) is shaking things up for marketers, recruiters, and higher education professionals. Starting July 1st, 2014, new laws about commercial electronic messages (CEM) will be enforced to ensure consent, identification, and the presence of unsubscribe mechanisms.
As a trusted higher education leader, EDge Interactive held a free online webinar to provide an overview of the legislation as well as useful tips to ensure compliance.
Presentation from IAPP Canada 2011 Conference.
Presented by Shaun Brown - (http://nnovation.com), and Matthew Vernhout (http://www.transcontinental-interactive.com).
What Charities and Non-Profits Need to Know Before July 1, 2014
Balancing Canadian Anti-Spam Legislation and Constituent Communication, Legal and Technical.
A two hour workshop on what you need to know before the new Canadian Anti-Spam Act goes into effect July 1, 2014.
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
This presentation will be delivered in partnership with Methodworks Consulting and include both Lawyers and Implementation Specialists.
Speakers: Maanit Zemel, Miller Thomson LLP and Jim Freer, Method Works Consulting
http://www.meetup.com/net2van/events/180043062/
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
TCPA Compliance Experts Explain How to Avoid Fines in 2015 Connect First
This webinar presentation will provide you with helpful guidance to ensure that you are remaining compliant in your contact center. Join experts from Connect First, Contact Center Compliance, the Professional Association of Customer Experience (PACE), and Neustar as they present an informative webinar on TCPA compliance. Industry experts include; Ryan Thurman of Contact Center Compliance and Geoff Mina, the CEO of Connect First, and Mitch Young of Neustar.
Discussion Topics: TCPA overview and update, 2015 case updates and lessons learned, and how to ensure you remain TCPA compliant
Unsolicited Contribution to Code of Conduct for Jamaican Banking SectorHelp Mi Consulting
This document is an addendum to a blog post by Help Mi Consulting "Guaranteed Standards for the Banking Sector?" which can be found here http://t.co/UK2hWQsTwT .
The article and presentation concerns matters of importance to the Jamaican public, the Bank of Jamaica (BOJ) the Consumer Affairs Commission , private consumer advocates and the wider banking industry.
Materials for a presentation to the "Third Annual Business Skills Seminar" sponsored by the Bar Association of Metropolitan St. Louis, ALA Gateway Chapter, and SLU Law.
Your company’s people, products, profits and politics have a direct impact on its bottom line.
In this seminar presentation aimed at in-house counsel, HR and other business leaders, you’ll learn from legal and industry insiders on how to master these four key pillars ― and succeed in today’s competitive manufacturing market.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Canada’s Anti-Spam Legislation: What Charities and Not-For Profits Need to Kn...NetSquared Vancouver
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
Maanit Zemel is a Partner with the law firm of Miller Thomson LLP, practicing out of the Toronto office, where she advises businesses, non-profit organizations, charities and individuals on a variety of legal issues. Ms. Zemel has substantial experience and expertise in internet and social media law, including Canada’s Anti-Spam Legislation (“CASL”), online privacy, online defamation, cyberbullying and cyber-security. As a member of Miller Thomson’s CASL Advisory Group, she assists her clients with developing and implementing practical policies and procedures for complying with CASL.
Kentucky Women Trial Lawyers Marketing PresentationStacey Burke
Personal injury trial lawyer and law firm consultant Stacey Burke shares insights on maintaining compliance with Kentucky attorney advertising rules when marketing your legal services.
Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media...Kevin O'Shea
Topics Addressed:
Advertising
LinkedIn
Are Facebook and Twitter Regulated Attorney Advertising?
Group Coupons or Daily Deals for Discounted Legal Services
Social Media
Liability for Posting
Responding to False Accusations/Bad Reviews
Cloud Computing
Confidentiality
Security
Employee Risks
Listservs
The new Canadian Anti-Spam Legislation (CASL) is shaking things up for marketers, recruiters, and higher education professionals. Starting July 1st, 2014, new laws about commercial electronic messages (CEM) will be enforced to ensure consent, identification, and the presence of unsubscribe mechanisms.
As a trusted higher education leader, EDge Interactive held a free online webinar to provide an overview of the legislation as well as useful tips to ensure compliance.
Presentation from IAPP Canada 2011 Conference.
Presented by Shaun Brown - (http://nnovation.com), and Matthew Vernhout (http://www.transcontinental-interactive.com).
What Charities and Non-Profits Need to Know Before July 1, 2014
Balancing Canadian Anti-Spam Legislation and Constituent Communication, Legal and Technical.
A two hour workshop on what you need to know before the new Canadian Anti-Spam Act goes into effect July 1, 2014.
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
This presentation will be delivered in partnership with Methodworks Consulting and include both Lawyers and Implementation Specialists.
Speakers: Maanit Zemel, Miller Thomson LLP and Jim Freer, Method Works Consulting
http://www.meetup.com/net2van/events/180043062/
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
TCPA Compliance Experts Explain How to Avoid Fines in 2015 Connect First
This webinar presentation will provide you with helpful guidance to ensure that you are remaining compliant in your contact center. Join experts from Connect First, Contact Center Compliance, the Professional Association of Customer Experience (PACE), and Neustar as they present an informative webinar on TCPA compliance. Industry experts include; Ryan Thurman of Contact Center Compliance and Geoff Mina, the CEO of Connect First, and Mitch Young of Neustar.
Discussion Topics: TCPA overview and update, 2015 case updates and lessons learned, and how to ensure you remain TCPA compliant
Unsolicited Contribution to Code of Conduct for Jamaican Banking SectorHelp Mi Consulting
This document is an addendum to a blog post by Help Mi Consulting "Guaranteed Standards for the Banking Sector?" which can be found here http://t.co/UK2hWQsTwT .
The article and presentation concerns matters of importance to the Jamaican public, the Bank of Jamaica (BOJ) the Consumer Affairs Commission , private consumer advocates and the wider banking industry.
Materials for a presentation to the "Third Annual Business Skills Seminar" sponsored by the Bar Association of Metropolitan St. Louis, ALA Gateway Chapter, and SLU Law.
Your company’s people, products, profits and politics have a direct impact on its bottom line.
In this seminar presentation aimed at in-house counsel, HR and other business leaders, you’ll learn from legal and industry insiders on how to master these four key pillars ― and succeed in today’s competitive manufacturing market.
Canada's Anti-Spam Law Update: What It Means for You webinar slidesWhatCounts, Inc.
Industry Canada announced updates to Canada’s Anti-Spam Law (CASL) will officially take effect on July 1, 2014.
What does this mean for you as an email marketer? Our Director of Deliverability , Brad Gurley, will be addressing some key provisions of the law and how they may affect senders. In this webinar, he will discuss which senders are likely subject to the law, as well as examples of situations and processes that may or may not be compliant under the new law.
Reconfirming subscribers, modifying opt-in forms, or beefing up your data retention policies are just a few of the steps you may need to take now. With possible fines of up to $10 million per email, CASL compliance should be a top priority for your organization. Note: Any information given in this webinar should not be construed as legal advice and is provided only for guidance in sending practices.
In this presentation, Gowlings partner Paul Armitage provides an overview of Canada's Anti-Spam Legislation (CASL). Topics covered include:
-What qualifies as a commercial electronic message (CEM)
-Consent - express & implied
-Content & format requirements
-Third party marketing lists
-Penalties
-Transitional period
To learn more, visit Gowlings' CASL Resources page at www.gowlings.com/casl.
Stage one of Canada’s new Anti-Spam Law came into effect on July 1, 2014, creating a new regulatory framework for any organization sending Commercial Electronic Messages (CEMs) to or from Canada.
Designed to reduce spam, spyware/malware, email address harvesting and network rerouting, CASL contains some of the toughest measures of its kind in the world, with severe penalties for non-compliance including fines, criminal charges, civil charges and personal liability.
It’s a complex framework with strict requirements for all CEMs, myriad rules on consent as well as numerous full and partial exemptions. Are you confident your organization is ready for CASL? Is your technology? What about proving compliance?
How can marketers stay complaint with CASL and other legal obligations within the digital channel? We will be addressing the current legal landscape in Canada and how you can leverage the power of marketing automation to ensure appropriate measures of compliance within your marketing efforts.
Canada’s new Anti-Spam Legislation, known as CASL, is one of the strictest in the world. In general, CASL requires consent before sending “commercial electronic messages” and requires that all such messages meet certain form and content requirements. This seems simple, but as always, implementation can be complicated. This article explains the legislation and walks through some real-world scenarios to demonstrate compliance.
Anti-Spam 101: Risks and Implications for Businesses - Complying with the new...Now Dentons
Canada's New Anti-Spam legislation is intended to deter damaging and deceptive forms of spam, such as identity theft, phishing and spyware from occuring in Canada. In this presentation, FMC's Margot Patterson gives an in-depth look at the legislation including: risks and implications for business, the scope, reach and liability of the liability of the legislation, regulations, software installation, violations and enforcement as well as a look at where the legislation is headed and what that means for your business.
Jeff Kahane of the Kahane Law Office will explain exactly what you need to know to comply with Canada's Anti-Spam Legislation. Is your marketing plan with permission and within the law? Post presentation, Jeff will answer audience questions in an interactive Q&A.
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
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Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
2. • What is CASL?
• Does CASL apply to my organization?
• Why should my organization care about CASL?
• What prohibitions, restrictions, requirements are
imposed by CASL?
• What are some tips for compliance with CASL?
OVERVIEW
2
3. • Anti-spam legislation enacted in 2010
• CASL deals with:
• Sending unsolicited commercial electronic messages
• Unauthorized alteration of transmission data
• Installation of computer programs
• False or misleading electronic representations (including on websites)
• Unauthorized collection of electronic addresses
• Collection of personal information by accessing a computer system in
contravention of an Act of Parliament (hacking)
WHAT IS CASL
3
4. MYTH: CASL does not apply to charities or
not-for-profit organizations
• CASL applies to all organizations of any type if
the organization does any of activities on the
previous slide and such activities are carried out
in or from Canada.
DOES CASL APPLY TO MY
ORGANIZATION?
4
5. •Administrative monetary penalties for violations:
• A fine of up to $1,000,000 for a violation by an individual.
• A fine of up to $10,000,000 for a violation by a corporation.
•Private rights of action by individuals
•If the action is successful in court, the court may order:
• Compensation equal to the actual loss or damage suffered; and
• $200 for each contravention, not exceeding $1,000,000 for each day on
which a contravention occurred.
WHY SHOULD MY ORGANIZATION
CARE ABOUT CASL?
5
The private right of action has a delayed coming into force date, and will not be in place until July 1,
2017. The CRTC may impose administrative monetary penalties prior to this.
6. • 1,000 complaints filed within 3 days following
CASL coming into force
• 1,000 daily complaints
• 245,000 complaints to date
IF YOU THOUGHT NO ONE
WOULD COMPLAIN…
6
7. •March 6, 2015: CRTC’s first Notice of Violation by Compu-Finder
•The imposed penalty: $1.1 MILLION
•The messages: unsolicited emails promoting training courses to
businesses relating to management social media and professional
development
• The violations:
• failing to obtain consent (found business emails on internet);
• failing to include unsubscribe mechanisms that functioned properly;
• failing to ensure unsubscribe remained active for 60 days;
• failing to comply with a request to unsubscribe
IF YOU THOUGHT THEY
WERE KIDDING…
7
8. •March 25, 2015: CRTC announced second violation by Plentyoffish
Media Inc.
•The imposed penalty: $48,000 and an undertaking to comply,
including updating emails and providing training/education for staff
•The messages: emails sent to registered users
• The violations:
1) failing to include unsubscribe mechanisms that were clearly and
prominently set out;
2) failing to ensure unsubscribe mechanism could be readily performed.
THEY REALLY WEREN’T
KIDDING…
8
9. •June 29, 2015: CRTC announced third violation by Porter Airlines
•The imposed penalty: $150,000 and an undertaking to comply
•The messages: emails.
•The violations:
1) failing to include an unsubscribe mechanism;
2) failing to include full contact information;
3) failing to honor unsubscribe requests within 10 business days;
4) Failing to provide the CRTC with proof it had obtained consent for
each electronic address that had received its CEMs.
SERIOUSLY! THEY
WEREN’T KIDDING…
9
10. What do the CRTC’s enforcement actions to date tell us?
• The CRTC is targeting both egregious behaviour and technical
violations
• Cooperation counts
• Correct violations promptly
NOW THAT YOU’RE
SCARED TO DEATH
10
In assessing a penalty, the CRTC is required to consider statutory factors including:
• The penalty is to promote compliance, not punish.
• The nature and scope of the violation.
• The person’s history with respect to compliance and previous compliance undertakings.
• Any financial benefit obtained from the violation.
• Any other relevant factor.
12. To which messages does CASL apply?
CASL applies to Commercial Electronic Messages (“CEMS”) that
are sent by any means of telecommunication, including a text,
sound, voice or image message, to an “electronic address”:
• an electronic mail account;
• an instant messaging account (SMS text messages);
• a telephone account; or
• any similar account.
UNDERSTANDING CASL:
CEMS
12
13. What is not a Commercial Electronic Message?
CASL does not apply to:
• Interactive two way voice communications;
• Messages sent via facsimile to telephone accounts; and
• Voice recordings sent to a telephone account.
These messages are subject to the CRTC’s oversight via the
Telecommunications Act and the Unsolicited
Telecommunications Rules.
UNDERSTANDING CASL:
CEMS
13
14. Is the Electronic Message Commercial?
•Messages that encourages or promotes a commercial activity
•Can be by way of link or contact information
•Expectation of profit is irrelevant
Examples of CEMS are messages that:
• offer to sell a product or service;
• advertise a product or service;
• promote a person or corporation;
• seek to gather consumer or market information in a commercial context;
• seek consent to send further messages.
UNDERSTANDING CASL:
IS IT COMMERCIAL?
14
15. Which messages are exempt?
No consent and in message disclosure requirements for the
following:
• messages sent between employees of an organization relating to the
affairs of the organization (think Compu-Finder)
• messages sent between employees of two organizations with a
relationship, where the message relates to the affairs of the recipient
organization;
• messages that respond to an inquiry, complaint, or other solicitation
from the recipient;
• fundraising messages sent by or on behalf of a registered charity.
UNDERSTANDING CASL: IS THE
CEM OTHERWISE EXEMPT?
15
16. Which messages are exempt?
No consent and in message disclosure requirements for the following:
• messages where the person sending the message reasonably expects it to be
received in a foreign state listed in the Regulations, if the message complies
with the law of that state;
• messages sent to a secure account to which only the person providing the
account may send messages;
• messages sent on a platform that includes compliant disclosure and an
unsubscribe mechanism in its interface are exempt from the message
requirements, but not the consent requirements;
• messages sent to satisfy a legal obligation.
UNDERSTANDING CASL: IS THE
CEM OTHERWISE EXEMPT?
16
17. • The following messages would not be caught by
CASL:
• Soliciting donations
• Selling tickets to fundraising activities
• Lotteries to raise funds
• Newsletters that promote fundraising events, even if
sponsors are identified
• Promoting events by art & culture groups through ticket
sales
• Invitations to purchase memberships (maybe)
SO, WHAT MESSAGES CAN MY
CHARITY/NFP SEND?
17
18. • The following messages would be caught by
CASL
• Messages promoting the services or products of the
organization e.g. counselling services, patient care,
elderly/disability assistance, CPR/medical aid
training, camps, art lessons, fitness lessons/classes
• Messages promoting the services or products of the
organization even if there is a donate option in the
message
SO, WHAT TYPES OF MESSAGES
WILL TRIGGER CASL?
18
19. • May be express or implied (EXPRESS is BEST)
• Implied consent is more restricted than under privacy
laws
• Under privacy laws, implied consent depended on the
circumstances
• May use consent obtained under privacy laws for
purpose of CASL
• Under CASL, implied consent is prescribed
CONSENT UNDER CASL
19
20. EXPRESS CONSENT
UNDER CASL
20
Must be informed:
1. Provide the purpose for which the consent is sought;
2. Provide the name under which the person seeking consent carries on
business, and if different, the name under which the person on whose behalf
consent is sought carries on business;
3. If applicable, identify which person is seeking consent, and on whose behalf
consent is sought;
4. Provide the mailing address, and one (or more) of a telephone number,
website, or email address of either the person seeking consent, or if
different, the person on whose behalf consent is sought;
5. State that consent may be withdrawn.
21. EXPRESS
CONSENT
21
• Express consent
must be “positive or
explicit”.
• Note that a check
box is not
specifically
required, other
mechanisms that
amount to an
explicit indication of
consent may be
used.
23. IMPLIED CONSENT UNDER
CASL
23
Remember the Compu-finder penalty in relying on “publication”. The CRTC looked to
whether the recipients considered the messages relevant.
Prescribed Requirements:
1. There is an “existing business” or existing non-business relationship”
between the sender and the recipient, or
2. The recipient has “conspicuously published” their address, or has “disclosed
it to the sender” and:
• it has not indicated they do not wish to receive commercial messages; and,
• the message is relevant to the recipient’s business, role, functions or duties.
24. • An “Existing Business Relationship” is where the recipient of the
message:
• Purchased a good or service from the message sender within the prior two
years;
• Accepted a business opportunity from the message sender within the prior two
years;
• Has a written contract with the message sender in respect of a matter other
than a purchase, lease, or business opportunity, or such a contract that expired
in the prior two years;
• Made an inquiry or application to the message sender regarding a purchase,
lease, or business opportunity within the six months prior the message.
“EXISTING RELATIONSHIPS” –
ROLLING TIME FRAME
24
Note: The “Existing Business Relationships” definitions all turn on the
relationship between the sender of the message (or the person on whose
behalf the message was sent) and the recipient. They do not extend “implied
consent” to related third parties.
25. • An “Existing Non-Business Relationship” is where the recipient of the
message:
• Made a donation or preformed volunteer work for the sender, which is a
registered charity;
• Has a Membership with the sender, and the sender is a club, association
or voluntary organization that:
• is a non-profit organization organized and operated exclusively for social
welfare, civic improvement, pleasure or recreation or for any purpose other
than personal profit, if no part of its income is payable to, or otherwise
available for the personal benefit of any proprietor, member or shareholder
(with an exception for amateur athletics)
IMPLIED CONSENT – “EXISTING
RELATIONSHIPS”
25
Note: The “Existing Non-Business Relationships” definitions also turn on the
relationship between the sender of the message (or the person on whose
behalf the message was sent) and the recipient. They will primarily apply to
registered charities, political parties, and certain not-for-profits.
26. CASL creates an exception to the need for consent for certain
“transactional” messages. This exception will apply to CEMs
that solely:
• provide a quote or estimate for the supply of a product or service;
• facilitate, complete or confirm a previously agreed upon commercial
transaction;
• provide warranty information, product recall information or safety or
security information about a product the recipient uses or had
purchased;
• provide notification of factual information about the ongoing use by
recipient of a product or a service offered under a subscription,
membership, account, loan or similar relationship by the sender.
EXCEPTIONS TO THE
NEED FOR CONSENT
26
These messages remain subject to the message content requirements.
27. MESSAGE CONTENT UNDER CASL
27
Service providers sending electronic messages on behalf of third parties who do not have material
control over the message content or recipient list would not need to be identified.
The required contact information must remain current for a minimum of 60 days after the message is
sent.
Prescribed Disclosure Requirements for Electronic Messages
1. The name under which the person sending the message and the person on
whose behalf the message is sent, if different, carry on business, if different
from their names, if not their names;
2. If applicable, an indication which person sent the message and on whose
behalf it was sent;
3. The mailing address, and one (or more) of a telephone number, web
address, or email address of either the person sending the message, or if
different, the person on whose behalf it is sent; and
4. An unsubscribe mechanism.
28. CASL requires CEMs to set out an unsubscribe mechanism
that allows the message recipient to indicate at no cost, the
wish to unsubscribe from all CEMs or a specified class of
CEMs. This mechanism must:
• Use the same electronic means as the message, or if not practicable,
other electronic means;
• Give an electronic address or a web link for unsubscribe requests;
• Be set out clearly and prominently, and be able to be “readily”
performed;
• Be effective “without delay”, and no later than 10 business days
UNSUBSCRIBE MECHANISM
28
29. The General Exception
“If it is not practicable to include the information… and the
unsubscribe mechanism… in a commercial electronic
message, that information may be posted on a page on the
World Wide Web that is readily accessible by the person to
whom the message is sent at no cost to them by means of a
link that is clearly and prominently set out in the message.”
This exception will be essential for electronic messages that
are subject to space restraints such as text messages. It is
not likely to apply to messages not subject to such
restraints, such as email.
EXCEPTIONS TO THE DISCLOSURE
REQUIREMENTS
29
30. • Neither the requirement to obtain consent, nor the requirement
to disclose information regarding the sender, will apply where an
electronic message is sent “by” or “on behalf” of a person who
has a “personal” or “family” relationship with the recipient.
THE FAMILY AND PERSONAL
RELATIONSHIP EXCEPTION
30
Note: Both family relationships and personal relationships are between individuals. A
corporation could not have a personal relationship under CASL; however, the exception
applies to messages that are sent “by” or “on behalf” of such individuals.
“Family” “Personal Relationship”
• Marriage;
• A common-law partnership
• A legal parent/child relationship where:
• Those persons have had a direct
voluntary two way communication
• Must have had direct, voluntary two way
communications;
• Must be reasonable to conclude the
relationship is personal considering all
relevant factors.
31. The Regulations include an exception that permits a single referral
message to be sent where:
• The referral is made by an individual who has an existing business
relationship, existing non-business relationship, family, or personal
relationship with the message recipient;
• The referrer has one of those relationships with the sender of the
message; and
• The message states the full name of the person who made the referral,
and states that the message was sent as a result of the referral.
REFERRAL MESSAGES
31
The referral message must also comply with the standard CASL
message disclosure requirements.
32. • CASL allows consent to be obtained on behalf of
unknown third parties such as list brokers. However,
it limits how this consent may be obtained and used:
• The party that seeks consent is required to comply with the
standard CASL requirements for obtaining consent, including
stating the purpose for the collection, and providing their
name and contact information.
• A person who relies on such a consent must meet additional
disclosure and unsubscribe mechanism requirements for the
messages they send relying on this consent.
THIRD PARTY MAILING
LISTS
32
33. • Message content when consent is obtained from a
third party, such as a list broker.
• When an email list is purchased from a third party, messages sent
pursuant to such consent are subject to additional disclosure
requirements:
• The message must identify the person who obtained the original
consent as well as the person who sent the message, in addition to
providing the standard prescribed contact information.
• The unsubscribe mechanism must allow the recipient to remove
consent from both the person who sent the message, the person who
obtained the original consent or any other person authorized to use
the consent.
THIRD PARTY MAILING
LISTS
33
It is essential that such a list is used separately from the company’s own consent lists.
34. There is a transitional period in CASL that lasts from July 1, 2014
ending July 1, 2017. During this time, “implied consent” will survive
for three years in cases of “existing business relationships”, as
defined in CASL, that predate CASL and that included the sending
of commercial messages when CASL came into force.
• Existing business relationships that are established after CASL
will survive for two years following a purchase, or six months
following an inquiry.
• The transitional period provides an extended timeline for
perfecting pre-existing implied consent (as defined in CASL) by
seeking express consent.
• Any attempts to perfect implied consent will need to be carried
out in compliance with CASL.
TRANSITIONAL PROVISIONS
34
35. • On January 15, 2015, provisions requiring express
consent to install a “computer program” on a person’s
computer system came into force.
CONSENT FOR INSTALLING
COMPUTER PROGRAMS
35
36. Similar to requests for consent to send messages, a request for consent to
install a computer program must state:
1. The purpose for which the consent is sought, including providing a simple
description of the of the function and purpose of the program;
2. The name under which the person seeking consent carries on business, and if
different, the name under which the person on whose behalf consent is sought
carries on business;
3. If applicable, which person is seeking consent, and on whose behalf consent
is sought;
4. The mailing address, and one (or more) of a telephone number, website, or
email address of either the person seeking consent, or if different, the person
on whose behalf consent is sought;
5. That consent may be withdrawn.
CONSENT FOR INSTALLING
COMPUTER PROGRAMS
36
37. If the program performs one of the following functions, then these elements
and their impact on the system must be brought to the person’s attention
separately from any other information provided in the request for consent,
and the person must acknowledge in writing they understand and agree to
these functions:
• collecting personal information stored on the computer;
• interfering with the owner’s control of the computer;
• changing the settings, preferences or commands already installed or stored on the
computer without the knowledge of the owner;
• changing the data stored on the computer in a manner that obstructs lawful access to or
use of the data by the owner of the computer;
• causing the computer to communicate with another computer without the authorization of
the owner;
• installing a computer program that may be activated by a third party without the knowledge
of the owner
CONSENT FOR INSTALLING
COMPUTER PROGRAMS
37
38. CASL deems a person to expressly consent to the installation of the following
programs, if their behaviour makes that assumption reasonable:
• Cookies
• HTML Code
• Java Scripts
• Operating systems
• A program that is executable only through the use of another program the
person previously agreed to install
• Programs installed by a TSP to protect network security
• Programs installed to update a network by the TSP that operates the
network
• Programs installed solely to correct a failure in the operation of the
computer system or a program installed on it
CONSENT FOR INSTALLING
COMPUTER PROGRAMS
38
39. CONSENT FOR INSTALLING
COMPUTER PROGRAMS
39
NOTE: Consent to
install a computer
program must be
sought separately from
consent to send
commercial messages.
Remember: Your
request for consent
should expressly
include consent to
future upgrades of the
program!
40. What does it mean to “Install” a Program?
In its guidance, the CRTC suggests programs that are “self
installed”, (e.g. buying an app in an app store, or installing a
program from a CD) are not subject to the CASL consent
requirements.
Programs that are automatically or surreptitiously installed along
with other programs are subject to the CASL express consent
requirements.
This could apply to BYOD circumstances!!
INSTALLING COMPUTER
PROGRAMS
40
41. • Monitor developments in the legislation and how CRTC is
enforcing its provisions
• Develop compliance policies
• Train staff
• Obtain consent and develop a plan for obtaining such
consent
• Include in message information requirements
• Maintain evidence of how express consent was obtained
• If relying on implied consent, maintain records of dates of
service, membership etc.
COMPLIANCE TIPS
41
42. • Do not tie consent for service/goods to consent to
receive further CEMs
• Develop a plan to deal with complaints
• Respond promptly to complaints
• Comply with unsubscribe requests
COMPLIANCE TIPS
42
44. gowlingwlg.com
Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm which consists of
independent and autonomous entities providing services around the world. Our structure is explained in
more detail at gowlingwlg.com/legal
Bettina Burgess
Partner
bettina.burgess@gowlingwlg.com
519-569-4557