compliance with casl - st. thomaslstar-education.com/pdfs/july2017/casl_presentation.pdf · casl...

COMPLIANCE WITH CASL

CANADA’S ANTI-SPAM LEGISLATION

Queen of CASL

THE PLAN

Overview of legislation

Sending messages

Installing computer programs

Tips for complying

Resources

OVERVIEW

What is CASL?

An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act

OVERVIEW

Section 1. “This Act may be cited as the Competition Act”.

Section 1. “This Act may be cited as the Trade-marks Act”.

Section 1. “This Act may be cited as the Telecommunications Act”.

Section 1. “This Act may be cited as the Personal Information Protection and Electronic Documents Act”.

OVERVIEW

What is CASL?

An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act

OVERVIEW

What does CASL cover?

Commercial Electronic Messages (CEMs)

Installation of Computer Programs

OVERVIEW

Who enforces CASL?

1. CRTC

2. Competition Bureau

3. Privacy Commissioner

4. Private right of action

OVERVIEW

Why is it important to comply with CASL?

1. Notices of Violations

2. Undertakings

SENDING A CEM

SENDING A CEM

Five questions to ask before sending a CEM

1. Is the message a CEM?

IS THE MESSAGE A CEM?

CEMs have two components:

Electronic Message

Commercial

IS THE MESSAGE A CEM?

Examples of CEMs

Advertising of services

Inquiring if homeowner wants to sell house

Promotion of a REALTOR® or sales record

Listing Information

:

Examples of non-CEM

Information about Board or CREA business

Industry updates and statistics

Delivering a standard form

Personal emails

SENDING A CEM

Five questions to ask before sending a CEM

1. Is the message a CEM?

2. Is the CEM subject to CASL?

IS THE CEM SUBJECT TO CASL?

Exempt from CASL:

Family relationship

Personal relationship

Emails among employees of an organization

Emails between employees of two organizations that have a relationship

IS THE CEM SUBJECT TO CASL?

Exempt from CASL:

Enforce a legal right

Inquiry about product or service

Response to inquiry about product or service

Delivery of product or service

SENDING A CEM

Five questions to ask before sending a CEM

1. Is the message a CEM?

2. Is the CEM subject to CASL?

3. Is there consent to send the CEM?

IS THERE CONSENT TO SEND THE CEM?

Two Types of Consent:

Implied Consent

Express Consent

IS THERE CONSENT TO SEND THE CEM?

Implied Consent

Follow up on referral

IS THERE CONSENT TO SEND THE CEM?

Implied Consent

Existing non-business relationships

Existing business relationships

Conspicuous publication of electronic address

Disclosure of electronic address by recipient to sender

IS THERE CONSENT TO SEND THE CEM?

Implied Consent – Transitional Provision

Existing non-business relationships

Existing business relationships

Past communication between recipient and sender

Consent Implied up to July 1, 2017

IS THERE CONSENT TO SEND THE CEM?

Express Consent

Purpose

Identification Information

Withdraw of Consent

IS THERE CONSENT TO SEND THE CEM?

SAMPLE

REQUEST

FOR

EXPRESS

CONSENT

I would like to receive emails from [REALTOR® MEMBER Name] with information about real estate services and about properties for sale. Consent can be withdrawn at any time by clicking the "unsubscribe" link contained in the email.

[REALTOR® Name], 123 Windy Lane, Toronto, ON, A1A 1A1, abcd@mywebsite.com

IS THERE CONSENT TO SEND THE CEM?

SAMPLE REQUEST FOR EXPRESS CONSENT

Enter your email address below to receive emails from [REALTOR® Member Name] with information about real estate services and property listings. Consent can be withdrawn at any time by clicking the "unsubscribe" link contained in the email.

[REALTOR® Name], 123 Windy Lane, Toronto, ON, A1A 1A1 abdy@mywebsite.com

IS THERE CONSENT TO SEND THE CEM?

Evidence of Consent

Implied

Screen shot showing email address and absence of statement saying “No CEMs”

Follow up email after receiving business card

Express

Screen shot of electronic consent form

Copy of email obtained during transitional period

SENDING A CEM

Five questions to ask before sending a CEM

1. Is the message a CEM?

2. Is the CEM subject to CASL?

3. Is there consent to send the CEM?

4. Required information in CEM?

REQUIRED INFORMATION IN THE CEM?

Required Identification Information:

Name

Contact Information

Physical Address

Telephone Number

Email Address

Website Address

SENDING A CEM

Five questions to ask before sending a CEM

1. Is the message a CEM?

2. Is the CEM subject to CASL?

3. Is there consent to send the CEM?

4. Required information in CEM?

5. Unsubscribe mechanism in CEM?

UNSUBSCRIBE MECHANISM IN CEM?

Acceptable unsubscribe mechanism:

Same form as CEM

Take effect in 10 days

No cost to CEM recipient

Clearly and prominently set out

Readily performed

UNSUBSCRIBE MECHANISM IN CEM?

Tips for Unsubscribe Mechanism:

Manual unsubscribe for text

Check all message systems

Automate as much as possible

RECAP

Five questions to ask before sending a CEM

1. Is the message a CEM?

2. Is the CEM subject to CASL?

3. Is there consent to send the CEM?

4. Required information in CEM?

5. Unsubscribe mechanism in CEM?

INSTALLING A COMPUTER PROGRAM

INSTALLING A COMPUTER PROGRAM

Does CASL Apply

Obtain Consent

INSTALLING A COMPUTER PROGRAM

Two Types of Consent:

Implied Consent

Operating Systems

HTML Code

Cookies

Bug fixes

Express Consent

INSTALLING A COMPUTER PROGRAM

Request for Express Consent:

Purpose

Description of App

Identification Information

Name

Contact Information

Specified Function

INSTALLING A COMPUTER PROGRAM

Form of Express Consent:

Opt-in only

Separate from larger agreement

SPECIFIC ISSUES

COMPLYING WITH CASL

COLLECTION OF EMAIL ADDRESSES

Do’s

Open House

Website Landing Page

Referral Follow Up

Don’ts

FSBO Listings

Lists for Sale

Old Email Lists

CASL COMPLIANCE PROGRAM

Senior management

involvement

Risk assessment

Written corporate

compliance policy

Record keeping

Training program

Auditing and monitoring

Complaint handling

procedures

Disciplinary action

CASL COMPLIANCE PROGRAM

Policy applies to everyone

Establishes Corporate Compliance Officer

Risk Assessment conducted in April 2014

Audit every three years

Obligate staff to comply with CASL and keep records

Sets out training requirements for all staff

Discipline up to and including discharge for cause

CREA’s Corporate Compliance Policy

Risk Assessment

Figure out what messages your brokerage sends

Determine if messages subject to CASL

Categorize as low risk, medium risk, high risk

Take steps to ensure CEMs subject to CASL comply with legislation

CASL COMPLIANCE PROGRAM

OTHER COMPLIANCE ISSUES

Specific Issues

Maintenance notifications

Notices about charity initiatives

ADDITIONAL RESOURCES

CREA COMPLIANCE MATERIALS AND GOVERNMENT RESOURCES

CREA COMPLIANCE MATERIALS

REALTOR® Manual

REALTOR® Brochure

Flow Chart

Template Compliance Policy

CREA COMPLIANCE

CREA COMPLIANCE

The government also has CASL resources if you want more information: fightspam.gc.ca

Complaints about violations of CASL can be filed online through this website

QUESTIONS?