CASL: Key Marketing Issues

LEXPERT/McCarthy Tetrault

April 30, 2014

Wally Hill, Senior Vice-President Government & Consumer Affairs, CMA

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Agenda

• Sharing consent with third parties• Managing unsubscribes• B2B Marketing• Dealing with Section 6(6)• Implications for Social Media and Online

Advertising• CASL Readiness Checklist

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Sharing Consent with Third Parties

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Joan has a relationship with the travel agent AND provides her consent to receive third party offers

Car Rental Hotel Company

Travel Agent

Consent to share with third parties

Consent relationshipwith organization

Message flow

Sharing Consent with Third Parties

• Message Requirements– Identification of Sender– Notice that the message relates to consent to

receive messages from third parties– Unsubscribe from the sender of the message– Unsubscribe from receiving any further third

party messages

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Sharing Consent with Third Parties

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Joan revokes her consent to receive third party offers via the Travel Agent. The Travel Agent must inform the Hotel Company and Car Rental Company, who must cease marketing to Joan..

Consent to share with third parties

Consent relationshipwith organization

Car Rental Hotel Company

Travel Agent

Sharing Consent with Third Parties

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Joan revokes her consent to receive third party offers via a message sent by the Hotel Company. The Hotel Company must inform the Travel Agent who must inform the Car Rental Company (and any other third parties) that consent has been revoked and they must cease marketing to Joan.

Consent to share with third parties

Consent relationshipwith organization

Car Rental Hotel Company

Travel Agent

Managing Unsubscribes

• CASL requires that all CEMs contain a readily accessible unsubscribe mechanism

• Considerations:– Functionality across all electronic platforms– Affiliates– Third party consents

• Opportunities:– Building a preference centre– Relationship management

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B2B Marketing

• Implied consent provisions (ID & Unsubscribe required)– Existing business relationship (2 Years)– Conspicuous publication– Disclosure of address– Message related to recipient’s role, duties or function

in the business

• B2B exemption (CASL does not apply)– Business ‘relationship’– ‘Activities of the organization’

Refer-a-friend Marketing

• Personal and family relationship exemption

• Strategies to reduce liability– Clear disclaimer– Include or link to CASL definitions

Dealing with Section 6(6)

• Creation of a class of non-commercial, commercial messages– Transactional– Warranties– Safety notices– Etc.

• Identification and unsubscribe requirements

• Wording suggestions for unsubscribe

Social Media and Online Advertising

• Banner advertising/OBA not covered by CASL

• Broadcasting messages through social media not covered by CASL

• Direct messages sent through social media are covered by CASL– ‘Sent’ to an ‘electronic address’– Awaiting further clarification

CASL Preparation Checklist 1. Become familiar with CASL’s requirements2. Get business unit buy-in/ownership of compliance3. Comprehensive inventory of:

• CEM and downloading activities• Existing addresses and consent lists (group like consents)• Consent collecting practices

4. Identify gaps; build compliance programs and database capabilities to update consents and identify types of consents moving forward

• Develop new policies and procedures around CEM deployment5. Develop a standard of proof of consent and retain relevant records6. Update templates:

• CEMs for ID and unsubscribe requirements• Customer contracts and other documents to collect express consent• Contracts with outsourcers, agents, etc.

7. Review and, as necessary, put in place contacts with outsource partners and affiliates in cases of “list renting”

8. Update business processes, as necessary9. Train all staff re: CASL – even a single CEM sent without consent could be an

infraction!10. Audit compliance, repeat.