Are you compliant?

The following blog is for information only. I am not a lawyer nor am I an expert regarding CASL legislation. Please seek legal advice if your organization has questions about CASL.

Do you remember June of 2014? You may have received a sudden influx of emails requesting you click a link and provide express consent to remain on an email list. The flurry of activity was a result of CASL – Canada’s Anti-Spam Legislation – which came into effect on July 1, 2014. Basically, the law is meant to protect us from spam and malware (the malware legislation came into effect on January 15, 2015).

Why do I bring this up now? The three year grace period to ensure your email practices are compliant ends on July 1, 2017. Now is a good time to review how your gather email consent.

Implied Consent vs. Express Consent

First, let’s define Consent. In this instance, consent is when you have permission from a contact to send them Commercial  Electronic Messages (CEMs); in plain language, an email. If you are sending an email encouraging a business transaction, it would be deemed a CEM.

Implied Consent is consent that is inferred based on actions, such as having an existing business relationship. Prior to July 2014, most people exchanged businesses cards and added the information to a contact list without any regard of whether the contact wanted to receive emails from you. Implied consent can come from other sources such as making a purchase, becoming a donor or, entering into a written or electronic contract. This consent is valid for two years. You will need to renew the implied consent. The easiest thing to do is ask if you have express consent from the outset and jot the date of consent on the business card or sign-up sheet.

Express Consent is clear permission from a contact that you may send them a CEM. This permission may have be obtained electronically, orally or in writing. Once you have express consent, it does not expire. There must be a mechanism with which a subscriber can unsubscribe at any time.

The most important component to express consent is the onus is on you to prove you have acquired permission to send a CEM to a contact. 

Off-line considerations

Not all email addresses are gathered on-line. Emails are collected at a point-of-sale, fundraisers, local markets, conferences and, networking events. If you use a sign-up sheet at an event, be sure your sheet clearly states that the subscriber is granting express permission to receive emails from you and that they can unsubscribe at any time. Your sign-up sheet must include your business name and relevant contact information.

You may include:

• the types of emails – sales vs. informational
• the frequency – daily, weekly, monthly etc.

Review Your Collection Methods

Now is a good time to review your lists. Most third-party email platforms should have provided the mechanisms with which to track activity on your contact lists. Whether you are collecting email addresses on-line or off-line, make sure you have the following elements:

• Does your sign-up list have clear and obvious language asking for permission to be contacted in the future?
• Does your sign-up sheet clearly identify you, your business or organization? This must include a valid mailing address and contact information.
• Do you have a process with which to document consent?
• Does your sign-up sheet indicate to subscribers that is a mechanism with which they can unsubscribe?

Don’t be Offended

People will unsubscribe from your newsletter. Don’t take this personally. People receive a lot of email in the run of a day and unsubscribing can reduce the clutter in their inbox. Your challenge is to provide educational, entertaining and engaging content your subscribers can use. Inform; don’t sell!

Who’s in Charge?

In case you are wondering who is responsible for enforcing the legislation, the oversight of CASL falls under the following governmental banners:

• Industry Canada; Spectrum
• Information Technologies and Telecommunications Sector (SITT)
• Canada’s Office of Consumer Affairs (OCA).

I encourage you to visit fightspam.gc.ca to learn more.

Contact me if you would like a CASL Marketing Review.