introduction to casl | canada's anti spam law
DESCRIPTION
Companion CASL Readiness Toolkit now available for download at: http://ow.ly/vUbqD When Canada's anti-spam law comes into force on July 1st, 2014, it will dramatically change how businesses can communicate with customers and prospects. Find out what you need to know, and what you should be doing right now to make sure your company is prepared.TRANSCRIPT
Stop Spam Implica(ons of CASL
Housekeeping A marketer not a lawyer. Intended as a base of informa(on, not legal advice. Twi?er hashtags: #CASL, #KINETIXMEDIA
How did we get here? A brief legal history – CANSPAM, PIPEDA, PIPA, ECPA, & others.
Heavy Penal9es and Broad Liability For corpora(ons & the officers and directors of those companes.
Worst Case: You send 10,000 messages to a list. 50 people on that list file spam complaints. In the worst of all scenarios: u your business pays $10,000,000 u your CEO & each officer pays
$1,000,000 u your agency pays $10,000,000 u your agency’s owner pays
$1,000,000 u you are sued privately for an
addi(onal $10,000 u You are assessed addi(onal fines by
the Privacy Commissioner
I tried my best. The due diligence defence.
What’s Covered? All kinds of electronic messages, sent from any loca(on in the world, to a Canadian electronic address or to a person who is in Canada. CASL is an opt-‐in law – that means that you must have either EXPLICIT or IMPLICIT consent to send a message that qualifies as a CEM.
Excep9ons
Some groups are exempt from CASL u Chari(es are explicitly excluded from mee(ng CASL requirements when they are seeking dona(ons.
u Poli(cal par(es are also explicitly excluded from mee(ng CASL when they are solici(ng contribu(ons.
Excep9ons CEMs are not covered under CASL when: u The CEM is sent between individuals within a business and relates to the work of
the business and the roles of the individuals. u You have an exis(ng family or personal rela(onship (as defined by the
regula(ons). u Between employees of two companies that are doing business together and the
email relates to their roles and the business at hand. u You are responding to an inquiry. u The CEM is legally required (no(ces of AGM for example). u The CEM is transac(onal (a receipt) and is sent exclusively for the transac3onal
purpose. u The message is sent within a closed system where messages can only be sent by
the person providing the account to the recipient. u The message is sent to an interna(onal address that is exempted and the message
meets the requirements in the recipient’s loca(on.
Do I Always Need Consent? There are situa(ons where consent is not required. They are: u To provide a quote or es(mate that has been requested by
the recipient. u To make an inquiry about a product or service. u To complete an exis(ng transac(on. u To provide warranty, recall or safety info. u To provide factual informa(on about a product or service
(i.e. privacy policy update)
If a CEM is sent for any other reason than those listed above, you need consent.
Express Consent Opt-‐in form, requires deliberate ac(on.
Implied Consent When consent is taken as a given part of the rela(onship.
3rd Party Referral Referral Marke(ng is used worldwide to help businesses grow databases and compete in a global market.
3rd Party Referral “One Ping, and One Ping Only”
Consent has a “Best Before” Date
Typically two years from the date of the last ac(on qualifying the contact as having given ‘express’ consent. 6 Months if an inquiry is made without transac(on being completed.
You must iden9fy yourself Either within the message itself or, where that isn’t reasonable, using a clearly prominent link to a web page containing the iden(fying informa(on.
Your Company Name
Your Mailing Address
Your Website OR Email OR Phon
e
You must honor unsubscribe requests You have 10 business days to remove someone from your mailing list once requested. Acceptable opt-‐out methods vary based on type of CEM (SMS, email, etc)
Permission under PIPEDA is NOT grandfathered. You will need to cleanse your list within three years of any names that do not meet CASL permission guidelines.
CASL vs. CAN SPAm
CASL u Includes all conceivable
types of electronic message u Opt-‐in law u Consent does NOT exist
un(l given u $10 MILLION fines u Global Reach u Directors/officers liable for
ac(ons of employees u Address harves(ng illegal
CAN SPAM u Focuses on elimina(ng
spam in emails u Opt-‐out law u Consent exists un(l
withdrawn u $16,000 fines u US focus u Directors/officers not
personally liable u Address harves(ng illegal
This slide reprinted with permission of Dentons. It is provided for informa(on only and does not cons(tute legal advice. Please consult a lawyer for informa(on specific to your situa(on. For more informa(on: h?p://www.dentons.com/en/issues-‐and-‐opportuni(es/an(-‐spam-‐legisla(on.aspx
Ac9on Steps for Business Leaders u Take an inventory of all the ways your business communicates electronically. u Determine which types of communica(on will fall under CASL. Include sales
prospec(ng. u Review how you collect user data and store permission informa(on. Make sure it
complies with CASL. u Talk to your partners – third party list rental companies for example. u Review your unsubscribe processes and tools. u Review all of your opt-‐in forms and lead capture forms. u Review all of our email templates. u Review your privacy policy. u Develop a compliance project (meline to adapt your current systems. u Establish policies and guidelines for your staff, and ensure all staff are aware and
trained on the guidelines. u Bring in outside help:
§ Your law firm § Digital marke(ng specialists
Food For Thought How do you communicate with your communi(es today? Will that s(ll be legal when CASL comes into force? Do your exis(ng permission prac(ses meet the standards of CASL?
Thank You If you’d like to con(nue the conversa(on:
www.kine9xmedia.com @Kine(xMedia www.facebook.com/Kine(xMedia Kine(x Media on Google+ h?p://www.youtube.com/user/kine(xmedia h?p://www.linkedin.com/company/kine(x-‐media-‐communica(ons-‐ltd