CASL Canada s Anti-Spam Legislation. In force - 1 July 2014

Transcription

1 CASL Canada s Anti-Spam Legislation In force - 1 July

2 Disclaimer The information included in this presentation may not reflect the views of Industry Canada, or the Canadian Radio-television and Telecommunications Commission. This information was created to provide a practical application to CASL. None of the information provided should be used as legal advice. For all legal matters, marketers are encouraged to speak with their own legal counsel

3 Agenda Background Substantive Requirements Three Primary Rules Compliance guidance Getting ready

4 2014 Background

5 Purpose An Act to Promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radiotelevision and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (CASL) fightspam.gc.ca

6 Background MAY 2004 IC establishes task force on spam MAY 2010 Re-introduced as Fighting Internet & Wireless Spam Act (FISA) MARCH 2012 CRTC presents final regulations JULY 2014 CASL Enforcement begins. Law is enforceable and compliance is required APRIL 2009 Bill 27, introduced in Parliament DECEMBER 2010 Receives Royal Assent DECEMBER 2013 IC presents final regulations JULY 2017 PRA delayed until then

7 CASL Review LEGISLATION Against unsolicited electronic communication DETAILED RULES For commercial electronic messages sent from or accessed in Canada CONSENT Sender must attain some form of consent before sending CEM FINES Up to $10 million for corporations and $1 million for individuals ENFORCEMENT No minimum # to be caught

8 Substantive Requirements

9 What Does CASL Cover? Commercial electronic messages Installation of computer programs Altering of transmission data Note: exemptions apply

10 Commercial Electronic Messages (CEM) What is CEM? What may not be CEM? Note: does not encourage participation in commercial activity

11 Is My Message CEM?

12 Three Primary Rules Consent Identification Unsubscribe

13 Consent: Express vs Implied Express Implied Oral Written Non business relationship Published info Business relationship Disclosure

14 Consent Exemptions (Unsubscribe and ID Requirements still apply) Requested quotes Commercial transactions with recipient s prior agreement Warranty or safety information Subscription or membership information Employment or benefit plan information Delivery of goods or services Referrals (only 1 CEM allowed)

15 Grandfathering Consent Business/non-business relationships Oral Written Disclosure Published info Express Implied Burden of Proof

16 Referrals, Forward to a Friend

17 Identification EVERY CEM NEEDS TO INCLUDE: Identity of collector/sender Identity of advertiser Mailing address Either telephone, , web address of list owner or third party Unsubscribe mechanism

18 Unsubscribe Readily performed Functional and available for 60 days Simple, no cost Sent, not received SMS short codes, Reply, click a link and to unsubscribe acceptable Multi-part messages (plain text & HTML)

19 CASL Exclusions Personal and family relationship B2B Inquiry message Response to enquiry Legal message Closed platforms Foreign messages Charity and political parties

20 Amendments PIPEDA Address harvesting Fabricated addresses Unauthorized collection of personal information COMPETITION Prohibits false or misleading representations

21 Getting Ready

22 Last Minute Preparations 12 days left until deadline Prioritize your initiatives (awareness, sites, etc.) Have a back up plan Finish your re-permission campaigns Mark any user as un-mailable, if you do not have valid consent

23 Internal Initiatives Audit inventory Owned/operated web pages Forward to a Friend Contests Create internal CASL policy Outline verbiage for all forms of consent (Newsletter, contest, affiliate, etc) Inform internal parties the do s and don ts around subscription and deployment Have a single point of record for all of your databases Single data point for all partners/vendors Verify partners are compliant What does this mean?

24 Is My Message CEM?

25 Templates Standardize subscription verbiage Create mock ups, and create ongoing audit plan Multiple examples for different purposes (contest, newsletter, alerts, etc) Be sure it clearly informs end users what they are opting-in to. Prescribed information Unsubscribe mechanism Update Term & Conditions and Privacy Policies

26 Data Standardize data capture policy Update data retention policy Only collect required information Notification statement for non essential information (postal code) Work with legal to determine minimum data required Net new customers Grandfathering provisions

27 Identity / Unsubscribe Standardize identification Full physical address Electronic address Standardize unsubscribe policy Automatic Easy and no cost No log-in required Standardize footer ESP/agency

28 Consent Segment consent Express Implied Track implied expiry Sign up pages /preference center Informed Easy to navigate Opt in = Opt out Who is responsible for consent?

29 Grandfathering of Consent Expressed Implied Burden of proof

30 Guidance from CRTC: Information Bulletins Bundling of request for consent Forms of gaining oral consent ESP identification Prechecked boxes Confirmation of consent

31 Ongoing CASL: Team Education New team member training Ongoing audits Test unsubscribe processes Create escalation paths in case of complaints/undertaking

32 Best Practices Err on the side of caution. Reviewing staff access Least privilege principal Create a deployment checklist and approval process Document for proof of due diligence, can you see who logged in Be sure all CEMs include link to the privacy policy

33 CONTACT Ryan Moss Director, ISP & Client Relationship TC Media ? 2014