spamming Canada will get tougher in 2014

On July 1, 2014, Canada will implement a significant change to the laws governing electronic communications in that country.

Canada’s Anti-Spam Law (CASL) may be less-known than the U.S. CAN-SPAM Act but it is stricter and will require much more diligence on the part of senders to ensure compliance. CASL covers all commercial electronic messages (much more than just email) being sent into Canada to Canadians, or crossing Canadian wires. The law provides for enforcement actions with penalties up to $10,000,000 per email for senders of unsolicited messages.

Unlike CAN SPAM, which covers only email, CASL covers commercial electronic messages, which is defined as any commercial “message sent by any means of telecommunication, including a text, sound, voice or image message.” Some examples of what that includes:

• Email
• SMS
• Instant Messages
• Social Media postings such as ‘tweets’
• Some voice communications

So, what does this all mean? The legislation is wide-reaching – any business that uses email or other forms of electronic messaging needs to be aware of their exposure under the legislation, as potentially significant penalties can result from violations of the Act. The three things you should know to ensure compliance: consent, identification and unsubscription options. In other words, if you are being a good sender you have express consent from the email recipient to send them email, a key caveat its that CASL does require that opt-in checkboxes (etc) not be pre-filled/pre-checked. Second, you must identify yourself as the sender and who you are sending on behalf of, this includes mailing address, contact information, web presence, etc. where necessary. To be compliant in your unsubscribe process your process must be functional for at least 60 days, must be free, should be provided in the same means as your communication (i.e. if you are sending email there should be an email address or link to unsubscribe), must be easy to do and processed without any delays.

So what should you do to make sure you’re in compliance:

1. Review your existing electronic message practices, footers, privacy agreements, subscriber preference centers, etc. to ensure they meet all provisions of the law. Privacy Policies and form collection on websites should be updated to ensure proper consent. In the case of forms, this includes moving from an opt-out (pre-checked) to an opt-in (not pre-checked) methodology.
2. Make changes as necessary and set up best practice guidelines for all internal stakeholders around how you will maintain compliance with CASL.
3. Review your current database, remove any addresses without a positive/affirmative opt-in. If you do not currently maintain an opt-in database you should consider moving that way to be compliant with CASL, consider an Opt-In focused Nurture program. After July 1, 2014 it will become illegal to email Canadian contacts who are not positively opted in.

How does CASL compliance differ from CAN-SPAM compliance? CAN-SPAM is less rigorous than CASL, so the best thing to do is be in compliance with CASL to ensure your communications are meeting both sets of standards.

For more details on CASL visit the legislation here.

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