canada's new anti-spam legislation (casl): what you need to know webinar | zoominfo
DESCRIPTION
As of July 1, 2014, organizations will generally be required to have prior consent to email intended recipients protected under Canada’s Anti-Spam Legislation (CASL) with steep fines for violators. In this webinar, learn how CASL is going to change the way the business world communicates electronically with recipients accessing their messages in Canada and steps you can take to help keep your organization out of trouble.TRANSCRIPT
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CANADA’S ANTI-SPAM LEGISLATION (CASL)
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About ZoomInfo
ZoomInfo is the leading provider of B2B data
with the most comprehensive source of info
on over 100 million business people and 10
million companies.
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About Presenters
Paul Boulanger, Chief
Financial Officer,
ZoomInfo
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About Presenters
Bridget McIIveen,
Lawyer, Privacy & Data
Management, Osler
Hoskin & Harcourt LLP
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Agenda
• What is CASL
• Three General Requirements
• Implied vs. Express Consent
• Compliance Steps
• Solution
• Questions
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Important Note
The information in this webinar is not
intended to provide or be relied upon for
compliance or legal advice. You should refer
to your own legal counsel for advice on
Canada’s Anti-Spam Legislation.
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WHAT IS CASL?
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What is CASL?
• Canadian legislation imposing strict consent,
identification information and unsubscribe
requirements when sending “commercial
electronic messages.”
• Will impact organizations in all sectors.
• Comes into force on July 1, 2014.
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Penalties for Non-Compliance
• Potentially severe penalties for contravention of
the statute.– Administrative Monetary Penalties
• Up to $1 million per violation for individuals and $10 million for
businesses.
– Private Right of Action
• Statutory damages up to $200 for each violation of the prohibition
against unsolicited commercial electronic messages up to $1 million
for each day on which the violation occurred.
• A single email or text message is contravention of CASL =
violation.
– Due diligence defence
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Does CASL apply to you?
• Applies to any “Commercial Electronic Message” (CEM)
– Any means of telecommunication, including text, sound, voice or image
messages.• Examples: Emails, Text Messages, Refer-a-friend messages
– Reasonable to conclude that, among its purposes, the message is
aimed at encouraging participation in a commercial activity.
• Applies when CEMs are sent or received in Canada
– Senders outside Canada will need to know whether or not any CEMs
sent will be received in Canada
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THREE GENERAL
REQUIREMENTS
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Three General Requirements
1. Consent
– Prohibited to send, or cause or permit to be sent, a commercial
electronic message (CEM) to an electronic address unless the recipient
has provided express or implied consent.
2. Identification Information
– Most CEMs must identify the sender and include certain contact
information
3. Unsubscribe Mechanism
– Most CEMs must also include an unsubscribe mechanism
– Unsubscribe mechanism must be given effect to within 10 business
days
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CASL Exemptions
• Certain CEMs do not need to comply with CASL’s consent, identification information and unsubscribe requirements
• Examples: – Messages that are sent to an individual engaged in commercial activity and
consists solely of an inquiry or application related to that activity.
– Messages sent between organizations that have a relationship or within organizations concerning the activities of the organization.
– Messages sent in response to a request, inquiry, complaint or is otherwise solicited.
– Messages sent to satisfy legal obligations.
– Messages sent by a person who reasonable believes the message will be accessed in a set of listed foreign states and the message conforms to the law of the foreign state that addresses spam.
• 116 countries listed in the Industry Canada Regulations
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IMPLIED VS. EXPRESS
CONSENT
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Implied Consent
• Example 1: Existing Business Relationships
– “Existing business relationship” include, for example:
• Purchase or lease of a product, goods, service
• A written contract
• An inquiry or application
– Implied consent is time-limited:
• may only be relied upon for 2 years after a purchase, 2 years
after the expiration of the contract or 6 months after an
inquiry or application.
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Implied Consent Cont’d.
• Example 2: Business-to-Business Communications
1. Conspicuously Published Electronic Addresses
• Electronic address is conspicuously published,
• Publication is not accompanied by an indication that he or she does not wish to receive unsolicited messages, and
• The message is relevant to the recipient’s business, role, functions or duties in a business or official capacity.
2. Recipient Disclosed Email Address:
• Recipient discloses email address (e.g. business card) to sender
• Disclosure not accompanied by an indication that he or she does not wish to receive unsolicited messages, and
• The message is relevant to their business, role, functions or duties in a business or official capacity.
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Express Consent
• Generally express consent is required to send a CEM
– Obtain orally or in writing
– Positive or explicit indication of consent required (i.e. no pre-
checked boxes)
– Requests for express consent must include notice about the
following:• The purpose for which consent is sought.
• The name of the person seeking consent.
• Certain prescribed contact information including the mailing address, and either a
telephone number, email address or web address of the sender.
• A statement indicating that the person whose consent is sought can withdraw their
consent.
• Additional requirements when obtaining consent on behalf of named and
unnamed third-parties (e.g. marketing partners or affiliates)
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Transactional Messages
• Certain transactional CEMs and referral messages are
not required to comply with consent requirement
• Messages still must comply with identification and
unsubscribe requirements
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COMPLIANCE STEPS
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Compliance Steps
• Determine whether you are sending a CEM.
• If the message is a CEM, determine whether it will be
sent or received in Canada.
– You can find out where contacts are located using the ZoomInfo
Database
• Make sure you have express or implied consent to send the
message (unless an exemption applies)
• Ensure message includes prescribed identification information and
unsubscribe mechanism
• Keep yourself educated on CASL developments!
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QUESTIONS?
Here’s The Solution
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Append Your Database
• Fill in the holes and missing information in your
database to identify Canadian records
1) Name
2) Email address
3) Phone number
4) Company location
5) Domain name
• Mitigate risk
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QUESTIONS?