This document provides an introduction and overview of Canada's Anti-Spam Legislation (CASL) and its impact on businesses. It outlines the three main components businesses must comply with: obtaining consent from recipients, including identification and contact information in messages, and providing an unsubscribe mechanism. Businesses that fail to comply could face fines up to $1 million for individuals or $10 million for companies. The legislation takes effect on July 1, 2014 and the author provides tips and a sample task list for businesses to ensure they are prepared.

1. INTRODUCTION TO
CASL & ITS IMPACT ON
YOUR BUSINESS
PREPARED BY SUNNY TROCHANIAK

2. BUT FIRST…
In my 2nd year of university, I got a B+ in my
Business Law class. I was not good enough at
law to be a lawyer then, and I am certainly not
good enough now. The following is simply my
interpretation of the new legislation, and should
not be taken as or substituted for legal advice or
guidance. Repeat, I am not a lawyer.

3. NOW ON TO CASL…

4. WHAT IS IT?
• New legislation that is aimed to minimize the
receipt of unsolicited commercial messages
• It has been in the works for years, but is
coming into effect and being enforced on July
1st, 2014

5. WHAT DOES IT COVER?
• More than just email -- it also covers texts,
IMs, and automated cell phone messages sent
to computers/phones in Canada (Commercial
Electronic Messages – CEMs)
• Only applies when the recipient is located in
Canada

6. WHY SHOULD YOU CARE?
• Very hefty fines!
• Up to 1M for individuals, 10M for businesses

7. HOW IT WILL BE ENFORCED
• At this point, it would be foolish to assume
‘nothing will ever happen to me.’

8. 3 MAIN COMPONENTS
1. Consent
2. Identification
Information
3. Unsubscribe
mechanism

9. 1. CONSENT
• 2 Types of Consent:
• Express
– The person has explicitly told you they’d like to
receive your CEMs
• Implied
– There is an existing business or non-business
relationship
• The burden of proof lies on you, the sender

10. EXPRESS CONSENT
• The recipient explicitly asks to receive your
emails, for example:
– Fills out a form on your website where it clearly
states they will start receiving marketing messages
from you
– Clicks on a link to confirm subscription in a
confirm subscription email
– Checks an unchecked box when filling out a form
on your website
• Express consent never expires

11. EXPRESS CONSENT - TOGGLING
• Can’t have the consent box pre-checked

12. EXPRESS CONSENT - BUNDLING
• Requests for consent must be “sought
separately”

13. EXPRESS CONSENT - ORAL
• Since the burden of proof is on the sender, if
someone gives you oral consent, you need to
have either a 3rd party witness or a recording
of the conversation
• Both of these are impractical, so it’s best to
follow up with an email immediately after the
conversation to confirm express consent

14. IMPLIED CONSENT
• A relationship exists, but the person has not
explicitly asked to receive your emails
– After they purchase something from you
– After they download free content on your website
– After they give you a business card at a tradeshow
(unless they ask not to receive emails)

15. IMPLIED CONSENT
• Consent is implied within a 24-month period
following the last transaction
• If they have only made an inquiry, it is implied
for 6 months after the inquiry
• * There is a transition period until July 2017,
where the 24 month and 6 month time
restriction do not apply
– Ex someone could have purchased something
from you 25 years ago, and you’d still have implied
consent

16. IMPLIED CONSENT
• * There is a transition period until July 2017,
where the 24 month and 6 month time
restriction do not apply
– Ex someone could have purchased something
from you 25 years ago, and you’d still have implied
consent

18. WHEN YOU DON’T NEED CONSENT
• The recipient isn’t in Canada (need to follow
their country’s spam law though)
• When messaging people in your own
organization
• When messaging someone in another
organization that you have a relationship with,
as long as it concerns the activities of the
business

19. WHEN YOU DON’T NEED CONSENT
• Responding to a request, inquiry, complaint,
or providing a quote or estimate
• It is not a CEM (purpose isn’t to encourage
participation in commercial activity)
• If a person/organization has made their email
publicly available (and it doesn’t say please no
spam/CEMs), you are able to contact them

20. WHAT ABOUT MAILING LISTS?
• It doesn’t matter if the list is free or paid, the
same rules apply for each person on the list.
They must have given you express or implied
consent for you to be able to send them a
marketing message.

21. 2. IDENTIFICATION INFORMATION
• For every CEM, you must give your
identifying/contact information as well as the
contact info of anyone else you're getting the
consent on behalf of
• Name, mailing address, and a phone number
or email in which they can contact you

22. 3. UNSUBSCRIBE MECHANISM
• Person must be able to easily unsubscribe
• Can be a link in the email that takes them to a
page where they can change preferences
• If a text, allow them to text STOP to
unsubscribe

23. 3. UNSUBSCRIBE MECHANISM

24. OTHER FUN STUFF
• Registered charities and political parties are
exempt
• Consent is not required to send the first CEM
from a referral
– Referral must have existing relationship with both
parties (business, non-business, family or personal)
– You must state that your message is a result from a
referral, and the name of the person who referred
you

25. OTHER FUN STUFF
• Sending a personal message to someone on
social media is considered a CEM
• If you are a part of an association or club, there
is implied consent, and you can send to other
members in the organization
– Must include identification and unsubscribe
– The organization must be a non-profit

26. WHAT THIS MEANS
• Starting July 1st 2014, if you don’t have express
or implied consent from a lead, you can no
longer email them
• Try to get consent from them before July 1st!
• Need to make the technical changes (to your
email template, landing pages etc), as well as
developing new policy to ensure you’re
complying with the legislation

27. SAMPLE TASK LIST
• Before July 1st:
– Segment your list, email leads in Canada who you
don’t have a relationship with asking if they’ll give
their consent (example on next slide)
– Add identification information and unsubscribe
mechanism to your email templates
– Review policy with marketing team
– Add express consent checkboxes to your existing
landing pages and forms

28. CONSENT REQUEST EXAMPLE
http://stryvegroup.com/casl-consent-emails-terrible/ is a great resource on how to craft
a consent request email that doesn’t suck.

29. SAMPLE TASK LIST
• Before or After July 1st:
– Goal is to always get express consent!
• Good practice to get this from everyone, not just people
located in Canada
• Make sure your landing pages and sign up forms are
optimized
– You have 3 years to get leads/contacts with implied
consent to give express consent
– Keep track! Remember, the burden of proof is on
you. Make sure you can pinpoint when the person
gave you their express consent.

30. Those are the basics. Please email
me if you have any questions:
contact@sunnytrochaniak.com
(don’t worry, I give you express consent to contact me regarding the contents of this
presentation )

31. Sunny Trochaniak
@sunnytrochaniak
www.sunnytrochaniak.com