u need to know: canadian anti-spam law (casl)

TheU: What you need to know about

the Canadian Anti Spam Law

Your Presenter:

www.highroadsolution.com

Jenny Lassi has been affiliated with

HighRoad Solution for 7 years first as a

client and then as an employee. With

experience handling deployments and

deliverability for a wide range of clients

with optimized recipient engagement top-

of-mind, Jenny routinely trouble shoots

deliverability issues from ISP level filtering

to email client level filtering (email

Forensics as she refers to them). She also

consults with clients on authentication,

content, content strategy, email preference

center management & other deliverability

optimization tactics.

Today’s Content


• What is CASL?

• What is CAN SPAM?

• How does CASL compare to CAN SPAM?

• Will your organization’s eMessaging be impacted by

CASL?

• If impacted, what can you do to be in compliance?

• References & Resources

What is CASL?


Canada’s Anti-Spam Legislation or Canadian Anti-Spam Law

Going into effect July 1, 2014

What will it do in theory?


Legislation is written in efforts to reduce the amount of SPAM

emails that reach your inbox, give power to enforcement agencies

to penalize offenders and reduce the need for other SPAM

reduction efforts (Email server filtering software, etc.) that cost

organizations thousands in software and manpower to manage.

CASL Fast Facts


Prohibits sending commercial eMessaging without the recipient's express consent, including

messages to email addresses and social networking accounts, and sms text messages sent to a cell

phone

Prohibits the alteration of transmission data in an electronic message which results in the message

being delivered to a different destination without express consent

Prohibits the installation of computer programs without express consent

Prohibits using false or misleading representations online in the promotion of products or

services

Prohibits the collection of personal information through accessing a computer system in violation

of federal law (e.g. the Criminal Code of Canada)

Prohibits the collection of electronic addresses by the use of computer

programs or the use of such addresses, without permission

(address harvesting)

CASL Basics for Email


CASL is essentially an opt-in legislation and permits email marketers to send CEM

(Commercial Electronic Messages) only to recipients who have asked for them or

otherwise given consent to receive them specifically from your organization.

Express (or Explicit) Consent:

Membership or subscription sign-up collects consent, date, time & email address

Enewsletter subscription sign-up collects consent, date, time & email address

Implied Consent:

CASL does have language that speaks to implied consent if Expressed consent was not

obtained but a previous relationship exists between CEM sender and recipient. CASL

language does give 2-years to gain Express consent if you have Implied consent.

What is required for compliance?


Express Consent To obtain express consent the email sender must:

1. Clearly describe the purposes for requesting consent

2. Provide the name of the person seeking consent, and identify on whose

behalf consent is sought, if different

3. Provide contact information for either of those persons (mailing address and

either a telephone number, email address of web address)

4. Indicate that the recipient can unsubscribe

Enforcement Agencies


There are three government agencies responsible for enforcement of the law. When

the new law is in force, it will allow:

The Canadian Radio-television and Telecommunications Commission (CRTC) to

issue administrative monetary penalties for violations of the new anti-spam law.

The Competition Bureau to seek administrative monetary penalties or criminal

sanctions under the Competition Act.

The Office of the Privacy Commissioner to exercise new powers under an amended

Personal Information Protection and Electronic Documents Act.

What is CAN SPAM


The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited

Pornography And Marketing Act of 2003) was signed into law by President

George W. Bush on December 16, 2003 and establishes the United States'

first national standards for the sending of commercial email and requires

the Federal Trade Commission (FTC) to enforce its provisions.

CAN SPAM Basics


CAN SPAM is essentially an opt-out legislation and permits email marketers to send

unsolicited commercial email as long as it adheres to 3 basic types of compliance

defined in the CAN-SPAM Act: unsubscribe, content and sending behavior compliance:

Unsubscribe:

An unsubscribe mechanism present in all emails

Opt-Out requests that are honored within 10 business days

Opt-Out lists that are only used for compliance purposes

Content compliance:

Accurate friendly from names

Relevant subject lines

A label if content is adult in nature

CAN SPAM Basics


Sending Behavior:

A physical address of publisher or advertiser

A message cannot be sent to a harvested email address

Cannot contain a false header

Email should contain at least one sentence

Email cannot be null or blank

Exemptions:

Transactional messages

Relationship messages

How does CASL differ

from CAN SPAM?


CASL

Requires Express consent or

Opt-In from Canadian

subscribers

Opt-In Legislation

Cannot send email without

permission to Canadian

subscribers

Personal or Family relationship

exemption

CAN SPAM

Requires unsubscribe mechanism

in emails sent to US subscribers

Opt-Out Legislation

Can send without permission if

you allow recipient to unsubscribe

You can send to any subscriber as

long as you allow them to

unsubscribe


CASL

Transaction messages are exempt

from express consent rule and also

exempt from unsubscribe rule

Refer a friend and Forward to a

Friend methods of email sending

exempt from Express consent rule

Emails required by law are exempt

CAN SPAM

Transaction messages are also exempt

from unsubscribe rule

Refer a friend and Forward to a Friend

methods of email sending exempt and

unless they sign-up, they are not a part

of the email database

Can send any email, including legal

notices, product recalls, safety

information as long as there is

a way to unsubscribe

How is CASL similar to

CAN SPAM?


Will your organization

be impacted? Yes if:

You send emails to Canadian email addresses (with or without your

knowledge)

You do not know if your existing business or non-business relationship with

the recipient means you have Express consent , Implied consent or no consent

Your membership sign-up does not clearly communicate that they consent to

receiving emails from your organization as a part of their membership

You allow non-members to subscribe to your available eNewsletters and

you do not have a date/time stamp of the subscription submit


Will your organization

be impacted? No if:

You collected express permission from all members & non-members when

signing up or all non-members when they subscribed to available newsletters.

You only send transaction messages and no marketing/commercial email

You obtained express consent under PIPEDA and/or other privacy legislation

prior to CASL going into effect on July 1, 2014

If you are impacted or think

you may be, what now?


ACT NOW!


Where should we start?


Membership sign-up process express consent audit

Non-Member eNewsletter subscription process audit

Data Audit - Identify Canadian email addresses that end in .CA

in your database or clarify if Country was a required field in

either your membership sign-up process or non-member

eNewsletter subscription process

Client Case Study


Case Study Scope


Our client is a member driven organization based in Toronto.

They analyzed their membership sign-up process and non-member enewsletter

subscription process and determined that they had “Express Consent” from

members, but their legal department did not feel they had express consent from

non-members even though non-members subscribed to emails and this could be

construed as a prior business relationship that has “Implied Consent.”

They deployed an email message to non-members May 2013 to drive non-members

to give “Express Consent” by logging into their online subscription portal and giving

permission to continue to send them email.

Case Study


Sent to over 45,000 non-members

80% Delivery Rate

29.78% Open Rate

49.23% Click Rate

Case Study


Approximately 6,597 non-members

driven to re-permission landing page.

All non-members who did not

respond were scrubbed from the

email marketing database and flagged

in AMS as do-not-contact by email.

Re-Permission Campaign


Whether you didn’t collect Express Consent for your members at the time of sign-up or for your non-members at the time of their eNewsletter subscription process, there are tools you can use in your email platform to re-permission subscribers. Step One: Identify/Segment which subscribers are affected

Do a search for any email addresses that end in .ca and also review your subscription

process to see what data is captured at the time of sign-up.

If your association automatically sends emails to all that sign up for membership, have

your legal department review the language on the page. If it does communicate to them

that will receive emails by submitting/applying for membership,

they consent to receiving these emails and at the time of submit, a

date/time stamp is saved?

If not, you need to re-permission these subscribers.



Step Two: Create a segment and also save a list export of all of those affected

You will need to deploy an email to these subscribers to drive them to a landing page

to collect permission. If this landing page is on a re-permissioning system you have built,

great. You can skip next steps.

If you were to use your email platforms sign-up widget that is hosted on a landing page,

you will have a few more steps.



Step Three: Create a sign-up widget and host on a landing page

Create a sign-up widget that puts all subscribers into a segment you call Canadian

Permission. Put that widget code on a landing page. Then send an email driving

subscribers to the landing page.

When you do this, the email platform should track the date/time of the submit as well

as takes it up a notch with tracking the IP address.

NOTE: Every platform handles this a bit differently so test if subscribers have to be

deleted from your account just after you deploy the email so when they are

reintroduced, the system tracks date/time.

At this time, DOI is not a CASL requirement.



If you have an email preference center application that functions as a

subscription sign-up form this could also be utilized to obtain Express consent

for a re-permission campaign.

Before You Send… My $.02


This deployment is important and you need to make sure you have done

everything you can to reach an inbox. Permission and Re-Permission

campaigns may not net you the response rate you would like, but if your

emails are getting routed to SPAM folders or going missing, all this effort

will go to waste and you’re wasting money.

Deliverability Check List:

- Have DKIM/SPF authentication in place

- Send email traffic on a warm IP

- Manage the bounce logs, address root issues of bounce and re-deploy

Best Practices Takeaways


• Work with your legal team to isolate/segment affected subscribers

• Member driven organizations may have Implied consent for members

but consult your legal team to define these requirements for you

• Update existing member sign-up processes and non-member

subscription processes to obtain Express consent if you don’t already

• Start now to deploy a re-permission campaign to Canadian email

subscribers that do not have Express consent

• You will need to capture date, time, email address to prove Express

consent at the time of sign-up or re-permission

• Take permissioning a step further and collect the IP address of the

submit location

Questions?


Next Up at TheU:


The World of Content Marketing: Why It's the Hottest Trend for 2014

When: Friday, January 24th

Time: 2- 3 pm Eastern

Content Leader: Mitchell Beer, President, Smarter Shift

CAE Credit: 1 hour may be earned for participation in the live webinar

Register:

https://www.eventsforce.net/hrs/frontend/reg/tOtherPage.csp?pageID=3419&ev

entID=14&eventID=14

Thank you!


Other questions for Jenny?

eMail = [email protected]

Twitter = @highroadjenny

mailto:[email protected]

References & Resources http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html

http://www.cba.org/cba/submissions/PDF/11-43-eng.pdf

http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003

https://www.priv.gc.ca/information/pub/gd_phl_201106_e.asp

http://www.mondaq.com/canada/x/281088/Telecommunications+Mobile+Cable+Communications/Canadas+AntiSpam+Legislation+Comes+Into+Force+July+1+2014

Melissa J. Fitzgerald, Esq.,

CIPP | Vice President, Privacy Consulting & Counsel

ATA-SRO Certified Auditor

GRYPHON - Unlock Your Marketable Universe

Phone: 781.278.1922 | Cell: 617.899.4431

Email: [email protected]

Follow on Twitter @GryphonCore


http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html

































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