compliance with casl - st. thomaslstar-education.com/pdfs/july2017/casl_presentation.pdf · casl...
TRANSCRIPT
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, [email protected]
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 [email protected]
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?