#becaslready: understanding canada’s new anti-spam laws
DESCRIPTION
This presentation was given by Miranda Paquette, Manager of Compliance and Privacy at Canada Post. It covers what CASL (Canada’s Anti Spam Legislation) is, what new rules it will entail, and how they’ll impact marketing plans. It also includes what marketers need to do to comply with the new laws and how to prepare. To read more about CASL visit our blog: http://www.canadapost.ca/directmailworks Follow us on Twitter to stay informed with best practices and future webinars: https://twitter.com/direct_cpcTRANSCRIPT
Canada’s Anti-Spam LegislationOverview Presentation
CPC Compliance TeamFebruary 2014
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What are the Rules?
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Commercial Electronic Messages = CEMs
Rules apply to:
Commercial electronic messages (CEMs)
Sent to
electronic addresses
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What are the Anti-Spam Rules?
Prohibited to send CEM unless:
The person consents (can be implied or express)
The message includes:
– identification information
– contact information
– unsubscribe mechanism
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What are the consent rules?
Can be implied based on existing business relationship
Express (opt-in)
Can be orally or in writing but business has burden of proof
No consent via email after the legislation is in force
Must get separate consent for each activity
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Exceptions that may apply
Seven exceptions to CASL likeliest to apply to marketing activities:
1) Current business relationship (b2b)
2) Business inquiries or applications
3) Response to request or complaint
4) Conspicuous publication*
5) Existing business relationship* (b2c)
6) Disclosed email addresses*
7) Referrals*
*time limited and/or must still comply with content requirements
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Four steps to be compliant
1) Format and content changes to outbound messages: identify all senders include contact information include opt out
2) Consumer re-permission or purge
3) Use of third-party data
4) Backend data management
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Data Management
Backend data management requirements:
Record consentsCapture time limits for all implied consentsCreate a 1-click unsubscribe function Capture unsubscribe requests and action w/i 10 daysContact info link active for 60 days
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Examples
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What’s Wrong With This Email?
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What’s Right with this Email?
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Express Consent
Dear Sam Smith, Canada is set to enact new anti-spam legislation which,
when it comes into force, will regulate the distribution of electronic messages. To comply with this new law, Santa Claus Inc. is required to obtain your consent in order to
continue to send you e-communications from our firm. This may include newsletters, publications, announcements,
invitations and other news or information.
Please use the button below to confirm your consent to receive emails and other electronic exchanges, as outlined
above, from Santa Claus Inc.
If at any time you would like to withdraw your consent or update your profile and preferences, you can do so
by clicking here or by contacting us directly.More information on Canada’s new anti spam law can be
obtained by visiting: http://www.crtc.gc.ca/eng/archive/2012/2012-183.htm.Please do not hesitate to contact us for more information.
Thank you for your attention to this matter.
Santa Claus Inc. Phone: 416 555-1212• Fax: 416 555 1212 •santa [email protected]
2100 Santa Plaza, 1 Candy Cane Lane, Canada HOHOHO www.santaclause.ca
View our privacy policy.
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Next Steps
Inventory your campaigns & determine:o Is it a CEM?
o Do we need consent?
o Do we need special content?
o Do we need an unsubscribe?
o Is there an exemption we can use?
If you have consent determine:o Do we know when and how we got consent?
o What is our relationship with this group of individuals
o Purge or refresh consent where you can before the legislation comes into force
Make sure you have back-end data management that can support compliance.