In the next few weeks, you’re going to be slicing and dicing your way through your database as you prepare for the world’s toughest anti-spam law.
Canada’s Anti-Spam Law (CASL) comes into effect on July 1, 2014.
The new law prevents businesses from sending commercial electronic messages (CEM) — emails, texts or even social media messages — to Canadians without their consent.
Canada’s anti-spam law affects businesses outside of Canada too.
The bottom line: if the people who receive your emails and downloads live in Canada—regardless of where your business is located—then CASL applies.
The penalty for not complying is huge—up to $1 million for an individual and $10 million for a company.
Spam laws in most other countries are “opt out”, which means unsolicited emails are legal if there’s a way to unsubscribe. However, under Canada’s law consumers have to opt in before a company can contact them.
The new law will require you to do these 3 things:
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Obtain express consent
The recipient must take an affirmative action to opt-in. (e.g. subscribe to email list)
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Comply with identification and unsubscribe requirements
You have to clearly identify yourself and provide a way for the recipient to contact you. In addition, you must have an unsubscribe option on all CEMs.
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Replace implied consent with express consent (by July 1, 2017)
Some examples of implied permission include:
- The exchange of business cards
- Signup forms where no consent is asked
- Verbal requests (in person or over the phone)
Note: Messages that are designed to obtain consent are considered CEMs under this legislation, so you need to obtain the consent before July 01, 2014.
Where to start:
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Review your current contact list
Determine if you have express or implied consent to send CEMs.
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Work on getting express consent before July 1
Email existing contacts asking them to provide their consent.
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Adopt the inbound marketing methodology
People will want to sign up for your newsletters, blogs, and other marketing materials (read: explicitly opt-in) if you provide great content.
Here’s a checklist to help you get started.
Learn more
Cake Mail’s guide to CASL (outlines what every marketer needs to know about CASL)
Bennett Jones website on CASL (The site features a “what you need to know” primer video that covers simple definitions, the scope of the legislation, and some compliance tips.)
Canada’s Anti-Spam Legislation Survival Guide (by Elite Email)
CASL Canada’s Anti-Spam Legislation: Guide For B2B Marketers
An In-Depth Guide to Prepare for Canada’s Anti-Spam Law (CASL)
Government of Canada’s ready-to-use articles re CASL
Canada’s Anti-Spam Legislation (Government of Canada’s plain language site re CASL)
Read my Lironi INK blog for coaches.
NOTE: This article provides plain language information about the law but is not a substitute for the law itself. Readers are strongly advised to consider seeking their own legal advice regarding how to comply.
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