Managing CASL Being Onside with Canada s Anti-Spam Legislation

Transcription

1 Managing CASL Being Onside with Canada s Anti-Spam Legislation For Understanding by Marketers NOT Legal Advice April 23, 2014

2 CASL Basics Implementation CASL Canada s Anti-Spam Legislation Real target: rogue spammers not legitimate businesses Compliance milestones: April 1, 2011 PIPEDA (privacy) sections in force July 1, 2014 CEMs July 1, 2015 Software installation July 1, 2017 End of transition period (for implied consent); right of private action (i.e., lawsuits) begins Lots of grey areas: evaluation of infringements addressed case by case Clarifications about regulations likely to emerge based on experience 2

3 CASL Basics Other Considerations CASL Q&A Sample Issues/Responses Do connections via LinkedIn, Facebook or Twitter constitute close personal relationships that exempt CASL requirements? No, you need express/explicit consent to send CEMs If you do business with a company, may you send a CEM to its entire staff? Not necessarily. Get permission from party responsible for managing before sending; that party should have recipient permission Is getting verbal consent at a trade show to send a CEM OK? Record all key details (date, venue, time, explicit permission granted): must meet burden of proof (double opt-in a good practice in such cases) How do you make IM compliant with CASL? Each message must comply but mass protocol may not exist: be careful 3

4 CASL Basics Other Considerations CASL Q&A Sample Issues/Responses Is sending holiday/xmas card OK, or is it a CEM that requires consent? As long as it doesn t carry an explicit commercial promotion Are surveys covered by CASL? It would depend on the questions; if it s generic, it s probably OK, but if completion incentive is involved, that would make it a CEM How does CASL affect Public Relations? If the reporter has made his/her address public, it s not subject to CASL; if you send a newsletter or other promotional material that includes a CEM/solicitation, it s covered by CASL If you have no proof of consent for an address, what do you do? Review and vet them by July 1; get consent for any that require it 4

5 CASL Basics Other Considerations CASL Q&A Sample Issues/Responses How does CASL affect CEMs sent using lists provided by list brokers? Source of CEM retains responsibility whether or not distributing; if broker/third Third level party supplies non-compliant list, source remains liable; must enable unsubscribe and must ensure list is updated accordingly Does due diligence mitigate an accusation of violating CASL? Yes, potentially: be able to show you were scrupulous in seeking consent, responsive to unsubscribe requests, etc. Must be auditable record What happens if recipient doesn t click on link to unsubscribe but sends separate saying, Stop! Sender must respect CASL requirements for any unsubscribe request whether sent through embedded link or not 5

6 CASL Compliance Sound Practices Checklist You have express consent, or get it ASAP don t rely on implicit consent if possible to avoid record-keeping/information tracking burden Old templates without visible unsubscribe message, proper address information Second are level removed from databases or updated All staff who send out CEMs know CASL, adhere to its rules; or use automated systems to control communication, prohibit sending them You have solid database to record express consent: must hold up to scrutiny and be current Your online CEM permission requests are opt-in; social media CEM feeds to specific individuals comply with CASL rules Your process for responding to unsubscribe requests adheres to CASL requirements; i.e., not more than 10 business days after receipt Test and retest CEM protocols; stay current with updated CASL rulings 6

7 Date CASL Implementation Timetable Activity Every Situation is Unique For Reference Only April Be familiar with CASL requirements with help from H2 Central Begin/continue inventory of all CEMs through all channels Third Review level internal systems for recording consent, tracking unsubscribes Review all templates for CASL compliance Confirm Fourth that level external third-party suppliers are CASL compliant or will be Ensure all applicable exemptions are known May Continue review of templates and update as required for compliance Determine organizational protocols for CEMs: who sends, controls, etc. Provide all employees with corporate CASL compliance protocols Review all online sign-up forms for CASL compliance: change as needed Purge database of any dubious CEM recipients or seek confirm Consider reconfirming pre-casl CEM recipients 7

8 Date Click to Activity edit Master text styles May Develop, update all templates to CASL standards Second Ensure level CEM database is robust, efficient, auditable, managed Ensure ability to respond to unsubscribes for third-party distributions Third Recommended: level seek express consent from implied consent recipients June Ensure targeted IM/telecomm practices align with CASL» Prepare Fifth level CASL issues management plan: be ready to show due diligence Identify any final potential issues; define resolution and implement Purge/disable distribution of non-compliant templates or update Test all systems for CASL compliance: retest Remind employees and third parties of CASL compliance expectations July 1, 2014 CASL Implementation Timetable Every Situation is Unique For Reference Only Compliance with CASL CEM provisions; beginning of transition period July 1, 2015 July 1, 2017 Full compliance with CASL software provisions required Transition period ends: Full exposure to impact of violating CASL 8

9 Questions? 36 Toronto Street, Suite 800, Toronto ON M5C 2C5 Tel: Fax: H2 Central Marketing & Communications 9