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Canadas Anti-Spam Legislation by
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CASL - Bill C28
What is it and whats in it?
When is it in play?
What does it really mean to Canadian Businesses?
What are the top 5 things I should do about it if anything?
What help is out there?
CASL - What is it and whats in it?
CASL = Canada's Anti-Spam Legislation
It is intended to target spam emails, malware, pharming, phishing and other malicious communications.
New laws governing the use of CEMs, the alteration of transmission data and computer software installs. CEM is a new broader category greater than email.
CEM = Commercial Electronic Message
CEM includes any electronic message so email, SMS, instant messages and some social media postings all count as CEMs.
The net is 6 New Laws enforced by CRTC, The Competition Bureau, and the Office of the Privacy Commissioner
Governs any CEMs sent from inside Canada or any external CEMs sent into Canada
Violations are not criminal offences
We all get more than we want!
CASL - What is it and whats in it? Cont
Who does what in terms of enforcement?
the sending of unsolicited commercial electronic messages
the altering of transmission data
installing a computer program with computer systems and networks without consent
Competition Bureau Scope
misleading and deceptive practices and representations online, including false or misleading headers and website content
Office of the Privacy Commissioner scope
take measures against the collection of personal information via access to a computer
the unauthorized compiling or supplying of lists of electronic addresses
CASL The rules
Senders of CEMs must identify themselves, indicate on whose behalf the message is being sent, provide up-to-date contact information, and access to an unsubscribe mechanism. The provided credentials must also be valid for 60 days.
You need to have consent from the receiver to send a CEM
The big question what is consent?
Consent under the new law
Express consent (opt ins) also see PIPEDA for more on consent
Implied Consent (only for the transition period) Existing relationship with the recipient (business or non business) within 2 years
Recipient published their address is a prominent manner
Recipient provided their address directly to the sender
We are the last of the G8 to enact this type of legislation
CASL The Penalties and reach
Fines up to $1,000,000 per violation for individuals and up to $10,000,000 for organizations.
Allows for private right of action (means people can sue violators)
Enables the three agencies to work with their counterparts in other countries to enforce the laws.
Purpose of penalties a stated is to promote compliance and not to punish
CASL - When is it in play?
When was it Approved? It was approved Dec 15, 2010
When is it Effective? No date set recent comments from Industry
Minister Paradis indicate it will be coming into force in 2013.
How much time after effective is compliance required?
Implied consent lasts for three years after that express consent is required
CASL - What does it really mean to Canadian Businesses?
Compliance is required for any businesses that send CEMs
Large fines can be levied on businesses that are not compliant
The net you need consent to send a CEM
Need to have a central database of addresses and the consent status (consent given, consent implied, consent withheld)
No more spreadsheets with email addresses in 20 different location!!!
Need to offer opt-in and opt-out visibly and easily
CASL - What are the top 5 things I should do about it if anything?
Conduct an internal Audit
Change supplier requirements
Governance in place create a CASL policy
Platform to enforce governance
Conduct an Internal Audit
Where are the CEMs ?
What are you sending?
What mechanisms are you using? Does it support unsubscribe?
Find all the channels!
Assess existing contracts/relationships to determine implied consent
Gain consent now while seeking consent is not a violation after the law comes into effect seeking consent is in itself in violation of the law.
After the law comes into effect you will have three years to obtain express consent
Change your requirements for your suppliers
Require any lists you buy to be clean (consent based)
Make it part of the RFP process when engaging new vendors
Make CASL compliance part of the minimum requirements particularly for eMail and Marketing vendors, but consider it for all vendor relationships.
When you provide email addresses to third parties such as consultants and other outside entities make them agree to use those addresses in a CASL-compliant manner
Draft a CASL policy for your organization
Create the governance policy and framework
Communicate the policy
Be in line with CASL organizationally
Include maintaining a record of consent as a requirement
Augment your new client in-take process to include documenting consent
Should cover off all forms and procedures
Support and Enforce your policy
Make sure all channels provide that visible opt-out
Make sure the opt-out is enforced broadly across all channels and within 10 days of the opt-out action
Make sure all outbound CEMs are sourced from the screened lists
Define the consent basis and track it (given vs. implied vs. declined)
If you dont have tools in place
then get them and deploy them
Train your workforce
Train your workforce on your policy, the governance and internal tools that you can provide them
Make sure they understand CASL
Make sure they know the rules so they can avoid violations
This is part of your diligence
Diligence and Enforcement
Do your diligence and we believe you have a reasonable position to defend any breaches of the law
No one knows yet how aggressively this will be enforced
They may draft and distribute guidelines when the law goes into effect
We operate based on the assumption that the point of this law is not to interfere with the normal course of Canadian business.
It isnt over though
Many comments have been submitted and the delay in making the law take force may be due to the assessment of these comments.
Many feel CASL is too strong and possibly even disruptive to business e.g. What about a start-up company where do they find new customers?
Is mass email marketing really bad?
Is CASL too broad?
What help is out there Its still early but companies are preparing offerings
We can help you with Audits, Governance and Policy
We can help you with technology deployments of tool sets
How does this differ from the CAN-SPAM passed in the US in 2003? Broader in scope and definitions of spam
CASL might actually be enforced
CASL extends beyond Canadas borders
More stringent consent required
What is Commercial? Encourages some sort of commercial activity transaction or similar
How will violators be caught? Spam Reporting Center
For more info
The CASL web site - http://www.ic.gc.ca/eic/site/030.nsf/eng/home
The CRTC regulations - http://www.crtc.gc.ca/eng/archive/2012/2012-183.htm
Can-Spam wiki - http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003
PIPEDA - http://laws-lois.justice.gc.ca/eng/acts/P-8.6/index.html
TB PIPEDA - http://www.tbs-sct.gc.ca/pgol-pged/piatp-pfefvp/course1/mod2/mod2-3-eng.asp
The laws - http://lois-laws.justice.gc.ca/eng/AnnualStatutes/2010_23/FullText.html
CRTC has already published their regulations under CASL in the Canada Gazette http://www.gazette.gc.ca/rp-pr/p2/2012/2012-03-28/pdf/g2-14607.pdf
For questions and follow-up d