casl: how to prepare my business for canada’s new anti-spam legislation

Canada’s Anti SPAM Legislation How will CASL affect my business and what should I be doing about it today?

Agenda

1. Overview of CASL2. Scenarios3. Review “Business Checklist for CASL”4. Questions

What is Spam?

Spam can be defined as any electronic commercial message sent without the express consent of the recipient(s).

Other online threats such as spyware, phishing and malware.

What is CASL?

Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited, unwanted electronic messages out of Canadians’ in-boxes while still permitting businesses, and consumers, to maintain mutually

beneficial relationships. (Deloitte)

The Anti-Spam Act imposes significant restrictions on the sending of unsolicited commercial electronic messages or CEM’s.

Law was passed in December 2010In effect: July 1st 2014

Who will police it?

The Spam Police• CRTC.• The office of the privacy commissioner.• Competition Bureau.

Spam Reporting CentreConsumers, businesses and other organizations will be able to report the following messages on July 1, 2014:• commercial electronic messages sent without consent; and/or• commercial electronic messages with false or misleading content

CASL Basics

Canada’s Anti-Spam Legislation (CASL) generally prohibits:• sending CEMs to an electronic address without consent

= No SPAM;• altering transmission data in an electronic message

= No Phishing;• installing a computer program on a person's computer

= No Malicious software; • causing a program on a person's computer system to

send an electronic message.

What’s the difference? CASL vs. CAN-SPAM

CASL (Canada)• Addresses broad range of

internet issues.• Applies to all forms of

electronic messaging (email, SMS, IM etc.).

• Prior permission based, or Opt-In.

CAN-SPAM (USA)• Addresses spam only.• Applies only to email.• Opt-out; you can mail.

anyone once.

What is a CEM?

What is a commercial electronic message or CEM?A commercial electronic message is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.

Email, SMS Texts, instant messages and social network messages (Twitter, Facebook) are all electronic messages.

What is exempt from CEM?

Even if a message is a CEM, you will not need consent to:– Send a quotation upon request.– Complete a transaction.– Provide warranty, recall or safety information.

In all of these cases you must still include the prescribed information & an unsubscribe mechanism.

What information do I now have to provide?

• CEM’s can be sent if:You have the express or implied consent of the recipient, or if consent is not required under CASL.and the message:- Identifies the sender- Includes the required contact information; and- Includes an unsubscribe mechanism

What is consent?

After July 1st, 2014:

You can’t send a CEM without consent from the recipient.

2 forms of consent: Express and Implied

What is Express Consent?

Express, meaning someone actively gave you permission to send them a CEM.

Once you have that permission, you can keep reaching out to your lists through email, texting, and social media messaging.

Express Consent can be in the form of:• Sign up on a website‐• Response to a contest or coupon offer• Sign up at point of sale‐• Sign up over the phone‐

Express Consent

• Express consent has no time limit, it does not expire. At least until they unsubscribe.

• Acquire express consent from your contacts today.

Example: Express Consent

What is Implied Consent?

Implied, meaning it would be reasonable to conclude you have someone’s permission to send them a CEM based on prior relationships.

If a recipient has purchased goods or services, or signed a contract with a business, they’ve given their implied consent to be in contact with that business.

A Family relationshipA personal relationshipA business or non business relationship

Implied Consent

• “Two Year Rule” that essentially lets an organization send emails to someone if they made a purchase or signed a contract within the last two years.

• Have accurate records for the exact date of a customer’s last purchase or contract.

• The CASL transition rule that gives you 3 years for implied consent.

Why am I telling you this now?

Once CASL comes into force (July 1st , 2014), you can’t send an electronic message requesting consent because it will be considered a CEM.

NOW IS THE TIME TO OBTAIN EXPRESS CONSENT!

Make sure you keep records. The onus is on you.

PenaltiesThe Rap

• Penalties for non-compliance up to $1 million for individuals, and $10 million for businesses

• With statutory damages of up to $200 for each violation of the prohibition.

• Just one email or text can count as a violation.

Scenario

SCENARIO 1: A customer purchases a productfrom your online store. During the checkoutprocess, the customer provides his or heremail address for the purposes of obtaining ane-receipt. Can you add this customer to yourmarketing list?• Yes, implied consent. • Business relationship.• Think about express consent.

Scenario

SCENARIO 2: You are attending a trade showand meet a prospective customer who gives youtheir business card. Can you add this customer to your marketing list?• Yes, implied consent if they agree.• Content related to business role.• No, if they advised you not to send CEM’s.

Scenario

Scenario 3: If a business contact publishes or discloses an email address on their website can I email them?• Yes, implied consent if the business contacted

has published or disclosed an email address.• No, if they have disclosed that they do not

wish to receive unsolicited commercial electronic messages.

.

What can I do now to prepare for CASL?

Please refer to handout/Link: Business Checklist for CASL Compliance: Canada’s Anti-Spam Legislation.

How to prepare for Canada’s New Anti-Spam Legislation:• Business Awareness.• CEM Inventory and Review.• Know your exemptions.• Consent Reconfirm and Track.

What can I do now to prepare for CASL?

• Database Review.• Process Review.

Questions

Richard Boltonrbolton@centricity360.comwww.centricity360.comTwitter: @centricity360

ResourcesFor additional information here are some sources that we have reviewed to educate ourselves on the new law:

Government of Canada – Canada’s Anti-Spam LegislationWhat Canada’s new anti-spam law means to you – DeloitteCASL: What you need to know about Canada’s new Anti-Spam Legislation – Retail Council of CanadaAnti-Spam 101: Risks and Implications for business – FMC LawBennett Jones Anti Spam Learning CentreGet Ready for Canada’s New Anti-Spam Law – BlakesCASL: Canadian Anti-Spam Legislation – A Checklist – Constant ContactBill C-28 – Canada’s Anti-Spam Legislation (CASL) Readiness Checklist – InBox MarketingGetting Ready for Canada's Anti-Spam Legislation – DavisThe current state of CASL – itbusiness.caHow To Prepare For CASL – Elite Email