Published on February 27, 2014
CASL: What Email Marketers Need to Know Andrea Zappone – Client Sales Executive Greg Robinson – Deliverability Manager
Disclaimer We are not lawyers and we cannot provide legal advice. Sender processes and situations vary significantly, so we advise consulting a lawyer when analyzing the granular details of CASL and how they apply to your organization. We are here to offer awareness and our interpretation as email marketers.
What is CASL? “…regulating certain activities that discourage reliance on electronic means of carrying out commercial activities…” Spamming Hacking Harvesting Fraud Malware Invasion of Privacy
Does CASL Affect me? Do you send email from Canada? YES! Do you send email to anyone in Canada, even if located elsewhere? YES!
CASL Requirements Permission is required Be prepared to prove it! Consent forms must not be pre-checked Functioning unsubscribe mechanism Accurate sender info and subject lines Include postal address and contact information Identify organizations for whom the message is sent
What CASL exemptions exist? Response to inquiries Email to Family & friends Between companies with an existing relationship Work email between coworkers Political and Charity emails not promoting a product Transactional email with NO marketing Legal messages for collections, recalls or copyright info Single messages based on referrals
Consent – “The BIG ONE” Express vs Implied
Implied Consent Existing business relationships Existing non-business relationships Conspicuously posted email addresses Directly supplied addresses
Express Consent Clearly stated purpose of consent NO PRE-CHECKED BOXES May UNSUBSCRIBE at any time Contact information must be provided *Grace period of 3 years
CASL – Coming into Force July 1, 2014: Primary Legislation January 15, 2015: Computer Program Provisions July 1, 2017: Private Rights of Action Express Consent grace period ends
CASL Compliance Planning 1. 2. 3. 4. 5. List CEM categories Create CEM definition guideline Determine if new consent must be obtained Update consent request processes Build fields into database for offline consent
CASL Compliance Planning (Cont’d) Review and update email templates 7. Test and update unsubscribe mechanism 8. Train staff on new policies 9. Build an “exit” strategy 10. Create plan to reconfirm implied consent 11. ASK QUESTIONS!!! 6.
QUESTIONS? Please submit via the chat box Don’t be shy Unanswered questions will be shared via email post webinar
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