canada’s anti spam legislation. what is casl? casl was intended to combat negative online...

17
Canada’s Anti Spam Legislation

Upload: samuel-bishop

Post on 12-Jan-2016

218 views

Category:

Documents


0 download

TRANSCRIPT

PowerPoint Presentation

CanadasAnti SpamLegislationWhat is CASL?CASL was intended to combat negative online behaviourspamphishingmalwarespyware

It will create a new regulatory regime for all legitimate businesses and individuals that send commercial electronic messages (CEMs)

What is a CEM?

Commercial Electronic Message An electronic message that has as its purpose, or one of its purposes, to encourage participation in a commercial activity.

Commercial ActivityAny particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit.

EnforcementCRTC hired 34 enforcement officersInvestigations will be complaint drivenThere are significant consequences:Prosecution by the CRTC they can go directly to notice of violation instead of warningOnus on you to show you did nothing wrong

Penalties and LiabilitiesAdministrative monetary penaltiesMaximum $1 million per personMaximum $10 million per organizationOfficers, directors and agents personally liable

Corporate CommunicationsBecause you have signed a contract with Norwex our communication with you is considered internal communicationsNo action is required on your part to continue to receive communications from Home OfficeHow does it affect you?After July 1, 2014 you wont be able to send an e-mail that proposes any commercial activity to another party unless:

you have first received their consent to send it; AND

your message meets all the prescribed form and content requirements; OR

you fall into an exceptionConsent for Existing CustomersUnder CASL you are required to have them provide you with express consent in order to send them e-mails and other electronic messages about Norwex products and programs. This should be done with a Request for Consent form that is sent to them by e-mail. The communications you send must include your contact information complete with address, telephone number and email address or website address Must contain a statement indicating that the recipient can withdraw the consent. This unsubscribe option must be clear and prominent and should be simple, quick and easy for the Customer to use.

Consent for Existing Customers (continued)If the Customer withdraws their consent their name must be removed from the data base within 10 business days. The e-mail address of any Customer who does not provide express consent by July 1, 2017 must be removed from the database as well.

Example of Request for Consent from Existing CustomersYou have received this communication because you are a valued Norwex Customer. Under the new anti-spam laws (CASL) introduced by the Government of Canada we require your consent in order to send you further information about Norwex products and events through newsletters, e-mails and other forms of electronic communications. Please reply to this email stating I consent to receiving future emails from ADD YOUR NAME about Norwex. Please note that you may withdraw your consent and unsubscribe from receiving any further communications at any time. If you would no longer wish to receive communications from me please reply notify me by email withdrawing your consent.

Consent for NEW CustomersUnder CASL after July 1, 2014 you will need to communicate and establish a business relationship with new Customers through telephone, Skype, faxes, recorded messages or mail. You can meet the consent requirements if you receive a business card from them or they sign a consent form at a hosted party. At that point you may add them to your newsletter list.

Adding Contacts in the Consultant Back OfficeWhat you need to do:You are required to obtain express consent from new Customers prior to adding them to your Ripple Effect contact list. Once this is obtained you will want to track their name, the date and how you obtained their permission to send them your monthly newsletter. You may choose to write this on their Customer Order Form for ease of tracking. What Norwex will do:In addition Norwex will confirm consent directly with the Customer and will maintain a log of Customer consents by email address. This consent log will be applied to all Ripple Effect newsletter mailings. Ripple Effect Newsletter July Newsletter Existing Customers:Your existing Ripple Effect newsletter Customers meet the criteria for an existing Customer from whom you have already received implied consent through your existing business relationship. We will request their express consent in the July newsletter.If we do not receive their express consent by July 1, 2017 they will be removed from your subscriber list.

July Ripple Effect

Ripple Effect Newsletter August Newsletter Existing Customers and New Customers added since July:New Customers added since July 1:Will receive a separate newsletter mailing by August 4 to capture their express consent Existing customers:Consented on July 1 will receive newsletterWithdrew consent on July 1 will not receive newsletterDid not respond to consent request on July 1 will receive newsletter

Hostess Portal

Host Portal will be modified to prevent Monthly Newsletter emails to contacts with out expressed consent.More details will be provided Next Steps