Upload
sparkpost
View
1.631
Download
3
Embed Size (px)
Citation preview
1 @sparkpost
Being CASL Compliant: It’s All About Consent
2 @sparkpost
CASL (Canada’s Anti-Spam Law) exists to protect Canadians from unwanted electronic commercial messages.
3 @sparkpost
CASL applies to emails, texts and instant messages, and any similar messages sent to electronic addresses.
4 @sparkpost
As of January 15, 2015 CASL also applies if you install or cause the installation of software on someone's device without consent.
5 @sparkpost
CASL uses administrative monetary penalties rather than criminal sanctions. The entire legislation is based on the concept of consent.
6 @sparkpost
Consent can be express or implied.
7 @sparkpost
Express consent means that you’ve received oral or written permission for which you can provide documented proof.
8 @sparkpost
Implied consent can be a result of a particular relationship you have or particular circumstances, such as a previous purchase, donation or business card exchange at a conference. It also includes conspicuous publication.
9 @sparkpost
Conspicuous Publication means you obtained someone’s email address that is on a public website and have sent them a commercial email that is relevant to them or their job.
10 @sparkpost
Once you have express consent it’s good forever unless they opt out.
11 @sparkpost
However, implied consent only lasts 2 years after the event that has started that relationship and you must have them renew their consent at the end of that period.
It is also implied for 6 months when the “existing business relationship” consists only of an inquiry or application.
12 @sparkpost
For subscriptions or memberships, the period starts on the day the relationship ends.
13 @sparkpost
In addition to consent, you need to provide an unsubscribe mechanism in your commercial message and…
14 @sparkpost
Your message also needs to meet the identification requirements, meaning you must list your name, address or phone number or website.
15 @sparkpost
What about social media? According to CASL, it does not apply to promotional information you post online in places like blogs or social media.
16 @sparkpost
Now your existing email lists have a grace period for getting express consent until July 1, 2017. But you should start the process to reconfirm their opt-in sooner than later.
17 @sparkpost
The CRTC judges each case based on a series of factors, including the nature of the violation, your history with CASL, whether you benefited financially from the violation and your ability to pay a penalty.
18 @sparkpost
Better safe than sorry. If found in violation you could be fined up to $1M (individual/sole proprietor) and up to $10M (company).
19 @sparkpost
As July 2017, A Private Right of Action will be enforced where civil cases can be brought before the courts by any Canadian receiving unwanted commercial electronic messages.
20 @sparkpost
So remember when sending commercial electronic messages: to get consent, provide an unsubscribe mechanism, and properly identify yourself.
21 @sparkpost
Do you want to know more? • Why and how CASL has
been enforced in the pastyear?
• How you can prepare for thenext phases of CASL?
• How CASL compares toother anti-spam laws?
• What you can do to stay upto date with the latestcompliance trends?
Find out in our CASL Rewind webinar with guest speaker Senior Enforcement Officer at the CRTC, Dana-Lynn Wood: http://bit.ly/CASL_Webinar