CASL

CASL - Canadian Anti-SPAM Legislation

www.CASLcompliant.ca

Governing body, Canadian Radio-television and Telecommunications Commissiom (CRTC)

CASL will become fully enacted July 1, 2017. From this point on all names on your email list must have proof of implied or express consent.  This applies to all recipients in Canada.  The proof must show:

• How the name was acquired
• A record of consent

Individuals or organizations may seek actual and statutory damages if they have been sent emails that do not meet the measures of consent.  For every email sent they will be awarded $200. 

Please note:

• No more tricks!  Be clear and fully transparent when collecting opt-ins
• If contacted by CTRC, respond to CTRC quickly and professionally
• An individual's email address belongs to them, not to marketers
• Open/Click rates of 17% are no longer decent, it is more like 45%

I.   Five Types of Consent

1. Express
   1. Individual intentionally opts in.  The following must be on the form where the individual signs in:

• • • The company name and mailing address
    • What type of information the individual can expect to receive and how often
    • A contact name and two ways of contact (i.e., email address and phone number). You can have a link to another page which contains this information.
    • A statement saying that the individual can unsubscribe at any time

b. You cannot have pre-checked boxes opting the individual into additional mailings

c. You cannot have statements indicating that the individual has agreed to receive future mailings. 

 2. Implied - Business Relationship

1. 1. Customers that express interest in your services and products.  For example, downloading a white paper or participating in a webinar.
   2. You can email these customers for two years, starting from the date of the last interaction.
   3. This proof must be tracked and fully documented.

3. Implied - Non-Business Relationship

1. 1. Designed for non-profit, political parties, associations and clubs.
   2. This can include anyone who has donated or volunteered.
   3. You can email these individuals for two years, starting from the date of their last interaction.

4. Implied - Conspicuously Published (B2B Clause)

1. 1. If you know the individual's role and they publically display their email without restrictions, you can send them email pertinent to their role.

Example: An individual is in Marketing, and if they do not have any restrictions next to their email, you can send them marketing information.

b. You can email this individual for two years, starting from the date of their last interaction.

 5. Personal Relationship

1. 1. The sender and recipient have had a two-way communication in the past.  These communications reveal a personal relationship.
   2. This does NOT include, Facebook, Twitter, and LinkedIn relationships since you cannot assume a personal relationship with them.
   3. There are measures that need to be met to prove a personal relationship.

 II.   FAQs

1. Can you get someone to opt-in perpetually?  Yes, this is Express consent.  This can continue until the individual unsubscribes.
2. Can you include the above language only for Canadians? Yes, might be easier to have them on a separate list.  The U.S. is the largest spamming country in the world.  Interesting to note that telemarketing has fallen to the bottom of the barrel because telemarketing was abused.
3. What rules apply to individuals that have a lifetime membership?  You can email them as long as they are a member or they unsubscribe.  Once they unsubscribe, you can send them transactional email but not promotional email.  Promotional language cannot seep into transactional emails.  If this happens you will be violating the law.
4. Are on-line directories publically-displayed email addresses?  Yes, they are.
5. Can you email from trade-show lists?  You should get a legal letter saying that these emails are all valid opt-ins. The best option is to only use the addresses that you personally receive such as business cards. Scanned badges are implied consent.
6. How is the CRTC going to fine?  There is an agreement between the FTC and CRTC to enforce compliance.  Courts have not weighed in on this yet.
7. What counts as promotional? If the long-term objective is to do business, then it is promotional.
8. If affiliates are not complying, is the organization at fault?  Yes