CASL: What Email Marketers Need to Know
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Transcript of CASL: What Email Marketers Need to Know
CASL: What Email Marketers Need to Know
Andrea Zappone – Client Sales ExecutiveGreg Robinson – Deliverability Manager
Disclaimer
We are not lawyers and we cannot provide legal advice. Sender processes and situations vary significantly, so we advise consulting a lawyer when analyzing the granular details of CASL and how they apply to your organization.
We are here to offer awareness and our interpretation as email marketers.
What is CASL?
“…regulating certain activities that discourage reliance on electronic means of
carrying out commercial activities…”
Spamming FraudHacking Malware
Harvesting Invasion of Privacy
Does CASL Affect me?Do you send email from Canada?
Do you send email to anyone in Canada, even if located elsewhere?
YES!
YES!
CASL Requirements Permission is required
Be prepared to prove it!
Consent forms must not be pre-checked
Functioning unsubscribe mechanism
Accurate sender info and subject lines
Include postal address and contact information
Identify organizations for whom the message is sent
What CASL exemptions exist?
Response to inquiries
Email to Family & friends
Between companies with an existing relationship
Work email between coworkers
Political and Charity emails not promoting a product
Transactional email with NO marketing
Legal messages for collections, recalls or copyright info
Single messages based on referrals
Consent – “The BIG ONE”
Expressvs
Implied
Implied Consent
Existing business relationships
Existing non-business relationships
Conspicuously posted email addresses
Directly supplied addresses
Express Consent
Clearly stated purpose of consent
NO PRE-CHECKED BOXES
May UNSUBSCRIBE at any time
Contact information must be provided
*Grace period of 3 years
CASL – Coming into Force
July 1, 2014: Primary Legislation
January 15, 2015: Computer Program Provisions
July 1, 2017: Private Rights of Action
Express Consent grace period ends
CASL Compliance Planning
1. List CEM categories
2. Create CEM definition guideline
3. Determine if new consent must be obtained
4. Update consent request processes
5. Build fields into database for offline consent
CASL Compliance Planning (Cont’d)
6. Review and update email templates
7. Test and update unsubscribe mechanism
8. Train staff on new policies
9. Build an “exit” strategy
10. Create plan to reconfirm implied consent
11. ASK QUESTIONS!!!
QUESTIONS?
Please submit via the chat box
Don’t be shy
Unanswered questions will be shared via email post webinar
THANK YOU!