CASL: What Email Marketers Need to Know

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Information about CASL: What Email Marketers Need to Know
Business & Mgmt

Published on February 27, 2014

Author: Informz



Do you send email to, from, or through Canada? If so, did you know that Canada’s new Anti-Spam Legislation (CASL), which goes into effect on July 1, 2014, means big changes for your email program?

It’s true! The clock is ticking. With less than five months to go, now is the time to get informed and prepare for CASL’s implications. Greg Robinson, Deliverability Manager at Informz reviews what this means and what needs to be done.

Topics discussed include:
- What is CASL and how do I determine if my organization is impacted?
- What constitutes consent?
- Do we have to provide an unsubscribe mechanism?
- How must we identify our organization?
- Are there any exemptions?

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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