- What is Canada's Anti-Spam Legislation (CASL)?
- Express Consent vs. Implied Consent
- What are the Exemptions?
- How Can You Prepare?
- Maintain Records
- Sage CRM
- CASL Resources
- Starting July 1st businesses and organizations cannot send commercial electronic messages (CEM) that encourages participation in commercial activity.
- This includes advertisements and information about promotions, offers, business opportunities, events, etc.
- You will need to obtain either express consent or implied consent to send a CEM.
- You cannot send an electronic message asking for this permission after July 1.
Express Consent (does not expire): Someone actively gave you permission to send them a CEM Can be in the form of:
- Sign-up on a website
- Response to a contest or coupon offer
- Sign-up at the point of sale
- Sign-up over the phone (recording)
- Express consent forms must have the following: Physical address, email/phone, company name and an unsubscribe option. Also must actively state that the email is going to be used for electronic communications and must be OPT-IN not OPT-OUT and cannot pre toggle the check box
Implied Consent (good for 2 years; an inquiry into a product/service is 6 months): Reasonable to assume that consent is implied based on relationship
Different kinds of implied consent:
- A Family Relationship
- A Personal relationship
- A business/non-business relationship
What are the Exemptions?
- Messages sent with whom the sender has a personal or family relationship.
- Messages sent directly to an inquiry for commercial goods and services.
- Internal communications which concern the activities of your organization.
- B2B communication are fine as long as the organizations have a relationship and the message concerns the activities of the organization to which the message is sent.
- Messages sent and received on a social media platform.
- Messages sent by or on behalf of a Canadian registered charity (as defined in the Income Tax Act), and assuming the message is primarily about raising funds for the charity.
- Messages sent by or on behalf of a Canadian political party or organization, or a person who is a candidate for publicly elected office.
- Telemarketing, faxes or messages sent by phone.
Segment Express versus Implied email lists
- Customers within the Express consent list require no further action. Create a new template and continue sending CEMs to this customer group as before.
- For customers within the Implied consent list, your goal should be to identify which customers from this segment you would like to convert to Express consent list. The first step should be to send them a compelling and relevant CEM between now and July 1st
Update your email templates
Moving forward, all CEMs must clearly indicate:
- Your organization's name
- Your physical mailing address and either your telephone number, email address or web address
- An option to unsubscribe where by the recipient can either click on a link or send a reply message indicating unsubscribe
Review your email collection channels
- If your company actively solicits new emails via your website, contests, etc., ensure the channel is convenient, easily-accessible, and includes:
- A check box that the customer must physically click on; make sure the box is not pre-checked.
- Your company's name.
- Both the physical mailing address and either a telephone number, email address or web address.
- A statement that the recipient may unsubscribe at any time.
Evaluate your verbal communication
- For non-email based or verbal transactions, companies may want to adapt a process that requires a signed consent form followed by a welcome email. The form must clearly state what type of CEMs you wish to send your clients, and it clearly identifies that your organization is going to be the sender.
- Throughout this process, you must capture the date/time of the new sign up.
Delete all non-compliant email lists
- Ensure you actively review your lists and remove all names that either did not opt-in or exceed the 2-year period.
Ensure CEMs are also clean and compliant
- Going forward make sure your CEMs are relevant and non-deceptive.
The Burden of proof is on organizations
You must have a record of how consent was acquired:
- For express consent, that means an electronic database, paper records, audio files or other means to record the time, date, circumstances & active permission of the receiver.
- For implied consent, that means a record of the nature of the relationship & record of any two way communications (preferably copies of electronic communications).