Published on March 15, 2014
Canadian Anti-Spam Law EMAIL Communication How it Affects your Business The thoughts and ideas included in this presentation are based on my own personal interpretation of CASL and are not intended to provide advice. Discussion is encouraged on these ideas.
CASL takes effect July 1, 2014 Affects all business emails CEM – Commercial Electronic Message Any information related to sales of products or services Applies to anyone sending a commercial email Includes links, pictures, video and audio
Consent is Key No Consent >> NO EMAIL Explicit Consent ◦ They stated deliberately they want your message ◦ They took action ◦ Verbal, in writing or electronic
Implied Consent People you are in business with ◦ Existing Clients ◦ Employees ◦ Suppliers and Vendors People who advertise their email online ◦ Their business must be related to your service
Business Card Exemption If you get a business card from someone with an email – you can send them CEMs As well if they inform you of their email in another way Informed Consent – valid for two years* * Need to verify with CRTC
Explicit Consent - Conditions Holy Grail of Email Communication They must take action You must tell them who you are You must tell them what you will be sending them Cannot be conditional, i.e. that they have to consent in order to get something
What about Sales Inquiries If they ask about your product / business ◦ Can send them information ◦ Implied Consent for 6 months ◦ After that – NO EMAIL ◦ During that 6 months you can attempt to gain Express Consent
What to do with Email Lists After July 1, 2014 > NOTHING An email sent to ask if they would Express Consent to receiving emails is a CEM – you just broke the rules!! Before July 1, 2014 – persuade them to give Express Consent
Exemption on Opt-In Emails Did they express consent to be emailed? “If you obtained valid express consent prior to CASL coming into force, you will be able to continue to rely on that express consent after CASL comes into force, even if your request did not contain the requisite identification and contact information.” “You need to prove that you have obtained such express consent”
Email Communication Every CEM – Email communication must contain: ◦ Sender of the message with contact information and/or who the message is sent on behalf of ◦ Mailing / Postal Address ◦ Unsubscribe Link Although the link can go to a website where they choose what to unsubscribe
Keys to Success Track Everything – need a good CRM ◦ Track who has Express Consent and who has Implied Consent and who does not have consent ◦ Keep record of the details of Expressed Consent Date Who consent was given to What information they gave consent for
Keys to Success Tracking Implied Consent ◦ Inquiries – 6 Months of Implied Consent ◦ Clients – Business Relationships – 2 years from date of last transaction ◦ Business Card exemptions ◦ Website listing exemptions
What to do Now? Start Today!!!! Communicate with existing list Ask for Express Consent correctly Get your CRM system up and functioning Train everyone in your organization
Expert Help Jack Zenert Marketing Specialist Expert in Email Communication and CRM Systems CASL Advisor 403-201-4444 firstname.lastname@example.org
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