ACC rules for s to people in Canada

Transcription

1 ACC rules for s to people in Canada In light of Canada s Anti-Spam Law (CASL) Training Session for ACC Canadian Chapters June 26, 2014

2 Speakers Susanna McDonald, Associate General Counsel, Senior Director of Compliance, ACC Jean-Baptiste Pessey, Assistant General Counsel, ACC

3 To or not to , that is the question!

4 Don t get mad!

5 Roadmap Introduction A few preliminary remarks CASL general background Introduction to ACC approach Part I: Insert mandatory language in your s Part II: Verify consent before ing Conclusion: who is responsible for what

6 A few remarks Scope of today s session: ACC rules, not the law Please send us your questions by

7 CASL Background Kick-off date: July 1 st 2014 Context of the law A consent-based approach AND mandatory text Substantial penalties up to $1,000,000 per violation (individuals) $10,000,000 per violation (organizations) Private right of action (not yet)

8 ACC approach A new law, areas of uncertainty Defining simple ACC rules An ongoing process Who communicates with who in Canada?

9 ACC Approach Each person who sends s on behalf of ACC must comply ACC rules apply to ALL types of individual messages group distributions ( mass )

10 ACC Approach Summary of basic rules and exceptions A few key words: Consent Opt-in, express consent Implied consent Opt-out, unsubscribe, withdrawing consent

11 Roadmap Part I - Insert mandatory language in your s Part II - Verify consent before sending

12 Part I Insert mandatory language in your s

13 Set your signature block to always insert: Text that clearly identifies the sender: Name and title Association of Corporate Counsel Chapter ACC Postal address ACC Chapter contact ( address, phone, website) If you are an ACC contractor: must also state you are sending the message on behalf of ACC AND the unsubscribe language and link

14 Here is how it looks like [Your name] [Your ACC Chapter title] [ACC Chapter Name] [Your ACC Chapter address] [Your ACC Chapter telephone number] c/o Association of Corporate Counsel 1025 Connecticut Ave NW Suite 200 Washington, DC , USA If you do not wish to receive further electronic communications from the [ACC Chapter Name], please send your request by to This will be sent directly to ACC, and you will be permanently removed from the distribution lists of both ACC and the ACC local chapters.

15 New Chapter Accounts

16 Action: Please update your signature block!

17 Roadmap Part I - Insert mandatory language in your s Part II - Verify consent before sending

18 ACC Consent Rules: The Basics 1. Consent based on a business relationship 2. What if we have no business relationship? 3. Exceptions The Inquiry Exception The Business Card Exception

19 1. Current Business Relationship? Examples: Current chapter members, current chapter sponsors Rule: We can unless the person has unsubscribed AND We must include the mandatory language and unsubscribe link

20 1. Current Business Relationship (cont d) Questions: Where to check if current relationship? Where to check if person has unsubscribed? What s can we send them? (scope of consent)

21 Chapter Rosters Members who have unsubscribed will be removed from the chapter rosters. Check the chapter roster before sending an to members

22 Tracking Sponsor/Vendor Contacts Who: Name, title, organization, telephone, (preferably business information) What: Communication type approved When: Consent was received / Unsubscribed (need to know when they unsubscribed and when the unsubscribed entry was made within 10 days) Where/How Consent was given: expressly opted-in, or current business relationship, or implied consent via an exception, such as business card.

23 Roadmap reminder 1. Consent based on a business relationship 2. What if we have no business relationship? 3. Exceptions The Inquiry Exception The Business Card Exception

24 2. No Current Business Relationship Examples: Former or prospective members Former or prospective sponsors Rule: No until that person has given us consent! If no , then what? Call them (only at a business phone number), or Send them regular postal mail

25 Chapter Rosters Prospective members who have not opted in or have unsubscribed will not be included in the chapter rosters. Lapsed members whose membership ended within the last two years and who have not opted out will be included in the chapter rosters.

26 2. No Current Business Relationship (cont d) Questions: Where can I check if someone has opted in? How do I know what they consented to receive? If I cannot send an , how can I communicate? How can I get their consent to receive ACC s? What if the person opts in then unsubcribes? NO

27 2. No Current Business Relationship (cont d) Attention: Do not send them an asking for consent! Call them and ask them to fill out the online form (Again:) what if someone who consented then opts out? WE CANNOT SEND HIM ANY ANYMORE

28 2. No Current Business Relationship (cont d) Keeping track: Who will record consents in the relevant database? Who will record unsubscribe requests? What items do we need to enter in the database?

29 Roadmap reminder 1. Consent based on a business relationship 2. What if we have no business relationship? 3. Exceptions The Inquiry Exception The Business Card Exception

30 The Inquiry Exception Case 1: Someone s information request to you Case 2: Someone calls over the phone

31 The Inquiry Exception Case 1: Inquiry by

32 Inquiry by You can respond by , but: 1) Only provide the info requested 2) Include the mandatory language 3) If the person has not done so already, invite her to fill out the online consent form

33 Inquiry by Can I follow up with other s? Check your chapter roster or your database of sponsor/vendor contacts

34 Can I follow up with other s? Current member/sponsor: Has she unsubscribed? NO FURTHER Has not unsubscribed? OK to with the mandatory language with unsubscribe link Others (i.e., not a current member/sponsor): Has not filled the consent form? NO FURTHER Has filled the consent form AND has not unsubscribed? OK to with the mandatory language and unsubscribe link

35 The Inquiry Exception Case 2: Inquiry by phone

36 Inquiry by Phone Phone rule: Call them back! Don t them. General phone exception: if she asks you to send her an You can send that , if you: Mention the request ( per your request during our phone discussion of [date] ) Insert the mandatory language and unsubscribed link Save your in central Intralinks file

37 What if the caller is a member? OK to respond by to a phone inquiry from: Current member/sponsor who has not unsubscribed Any others who have filled the consent form AND have not unsubscribed Ø All other situations: go back to general phone rule (call back; do not unless the person asked for an reply) Ø Always insert the mandatory language with unsubscribe link Ø Don t want a headache? Use the general phone rule: call back!

38 Roadmap reminder 1. Consent based on a business relationship 2. What if we have no business relationship? 3. Exceptions The Inquiry Exception The Business Card Exception

39 The Business Card Exception Someone gives you his business card 1. Note down the date/event on the business card 2. Prospective member: scan and upload to intralinks Sponsor/vendor: record information into your contact database 3. You can send a follow up (see next slide)

40 The Business Card Exception In your first to the person: Refer to the fact they gave you their business card Insert the mandatory language with unsubscribe link Invite them to fill out the online consent form Save this in the central Intralinks file

41 Conclusion: who is responsible for what process? Inserting the mandatory language & unsubscribe link: You Checking the database before ing: You Updating the database (consents & unsubscribes): Current & prospective members: Membership Sponsor/Vendor Contacts: You Relaying information to the team s key person: You

42 Final remarks Follow the rules Check the database Keep track of consents and unsubscribes If you have questions, ask Allison Ball