Canadian Anti-Spam Legislation (CASL)What You Need to Know

July 2014

Agenda

• Canadian Anti-Spam Legislation (CASL)– Commercial Electronic Messages (CEM)

Governance– Enactment and Grace Period– Enforcement and Fines– Exceptions for CEM– Interactions and CEM Eligibility Summary

• Deployment Considerations• GrowthFusion Support for CASL

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Commercial Electronic Messages

• CASL governs commercial electronic messages (CEMs)– Included: Email, SMS text messages, instant messages– NOT included: phone calls, social media sites

• But cannot send a commercial message directly to someone on Twitter or Google+, for instance

• Law prohibits the sending of CEMs that– Change a message destination (no forwarding)– Install computer programs– Provide false or misleading promotion – Collect personal information (“harvesting”)

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Enactment and Grace Period

• Beginning July 1, 2014, – Express (i.e., explicit) consent and implied consent– Express consent

• Gives verbal permission to be contacted• Electronic request to be contacted by your company• Check a box on a form that gives permission to be contacted

– Implied consent• Recipient has bought something from you in the last 2 years• Expressed interest in your company in the last 6 months

• Beginning July 1, 2017 – 3 yr grace period for implied consent ends– Express consent required– Individuals and businesses can file lawsuits for infractions (beyond

fines levied by the governing boards)

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Enforcement and Fines

• Enforcement Agencies– Canadian Radio-TV and Telecommunications Commission

• Sending of non-compliant messages (eg, without prior consent)

– Competition Bureau• Address false, misleading, and deceptive marketing practices

– Office of the Privacy Commissioner of Canada• Address unauthorized personal info collected through computer

systems and web

• Fines (in effect July 1, 2014)– $200 per email violation– Up to $1M for individuals– Up to $10M for businesses

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Acceptable Exemptions for CEM

Exemption DefinitionB2B relationship A purchase contract in the last 2 years, or an inquiry in the last 6

months constitutes as a business relationship.

Direct disclosure(eg, tradeshows)

If a person provides direct disclosure at tradeshows and doesn’t leave an “opt-out” note, this is considered direct disclosure. Need to have interacted with the lead directly at tradeshows (badge scans or b-cards).

Conspicuously published(eg, LinkedIn)

If an individual’s contact information is published on the internet (and they don’t expressly say not to contact them), it is considered conspicuously published.

Platform(eg, TechTarget)

CEMs sent and received on an electronic messaging service are exempt from CASL, if the sending party is identified and the platform already provides a readily accessible unsubscribe mechanism.

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Interactions and CEM Eligibility

Interactions Email Phone

Marketing List purchases ✖Sales Prospecting – Data.com or other data aggregator * ✖Sales Prospecting – LinkedIn or public site

Inbound Inquiries: Contact Sales, Request a Demo

Events: Scanned or Bus card at a Company, Partner, 3rd Party

Events: Attended or Registered for Company, Partner, 3rd Party ✖Third Party: express consent for contact by partners/ affiliates

Third Party: No express consent option for partners/ affiliates ✖Website: Downloads with forms that express consent checkbox

Partner Deal Registration

* if not used in conjunction with a publically available email address

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Recommendations for CASL

• Don’t– Email Canadian addresses until there is process for

CASL– Use purchased lists for Canada• Unless you call the contacts

– Necessarily build double opt-in• Not required for Canada• Required for Germany so you may want to consider

– Make assumptions about consent if unsure• Check with your legal team and governing bodies

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Recommendations for CASL

• Do– Clean your contact records in your CRM systems

• Geography (complete mailing address preferred)• Correct email address

– Get express consent• Employ express consent on all page forms• Ensure 3rd parties get consent to be contacted by your company• Scan and/ or get business cards at all trade events• Consider campaigns to get express consent from implied subscribers

– Document express and implied consent in MKTO• Create a mail-ability segment for Canada• Consider express (opt-in) and implied consent segments

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3rd Party Subscriber – Consent

• Tech Target example• Express or Implied?– Statement – Express

• Meets CASL guidelines?– NO– Need opt-in distinct an

individual download submission

– Unselected checkbox next the to the express consent statement is required

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Growth Fusion Support for CASL

• Employ best-practice marketing automation process and practices to ensure CASL compliance

• Build data governance and quality processes for contacts– Data cleansing

• Valid email address, Company physical address, Country• Removal of invalid contacts from mailings• Proper capture and storage of express consent

– Programs• Express consent email programs• CASL compliant forms• Call programs for telemarketing and sales• Internal education

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Contact Us To Learn More About DigitalMarketing Best Practices for CASL

info@growthfusion.com(408) 702-5522

www.growthfusion.com@growthfusion