Canada's Anti-Spam Legislation

#powerofsmWatch the video here:https://www.youtube.com/watch?v=Jfh1kUQjpJU

I am committed to simplifying social

media management,I stay on top of

today's ever-changing technology so you

don't have to.

What is CASL?

• This is a new Canadian legislation that has been put into place to help reduce the amount of spam that finds its way to you electronically

Here is the link to the FAQ’sClick here

#powerofsm

#CASL

The Quick Answer #1

You have been emailing your customers with outlook or some other “regular” email system

• Get an email service such as Aweber or MailChimp

• Add your customers/prospects to your system• Send out a message asking for “expressed

consent”• Only use that list of people to send messages to

in the future.

#powerofsm

#CASL

The Quick Answer #2

You have been emailing your customers with an email system where some of the people were added by you and some opted in.

• Send out a message asking for “expressed consent”

• Have these people opt in to a new list on your email system

• Only use that list of people to send messages to in the future.

#powerofsm

#CASL

What is a CEM

• Commercial Electronic Message– One of the purposes is to encourage the recipient

to participate in commercial activity– the content of the message– any hyperlinks in the message to website content

or a database– contact information in the message.

#powerofsm

#CASL

What is an Electronic address

• email account• telephone account (SMS)• an instant messaging account• and any other similar account.– Facebook Chat– LinkedIn Mail

#powerofsm

#CASL

Implied / Expressed

• If you have already engaged in business with someone and you have been communicating with them this way, you have what is called Implied consent– You have 36 months to secure expressed consent– If they ask to be removed before July 1 2017 the

implied consent is no longer valid• Expressed consent is when someone actually

opts into your list

#powerofsm

#CASL

How can I obtain express consent?

• Consent can be obtained either in writing or orally. In either case, the onus is on the person who is sending the message to prove they have obtained consent to send the message.– whether consent was obtained in writing or orally,– when it was obtained,– why it was obtained, and– the manner in which it was obtained.

#powerofsm

#CASL

If you are sending a CEM to an electronic address, then you need to comply with three requirements. You need to: (1) obtain consent, (2) provide identification

information(3) provide an unsubscribe

mechanism.

#powerofsm

#CASL

•You can not have a pre checked box•express consent must be obtained through an opt-in mechanism, as opposed to opt-out.•The end-user must take a positive action to indicate their consent.

For example, this can be done by providing a blank box which a user can check off to indicate consent.

#powerofsm

#CASL

Referrals• There is an exception to the consent requirement for

commercial electronic messages (CEMs) sent following a referral, if certain conditions are met. The referral must be made by an individual who has an existing business relationship, an existing non-business relationship, a family relationship or a personal relationship with the sender and the recipient of the CEM. Also, the full name of the individual who made the referral and a statement that the CEM is sent as a result of a referral must be in the CEM.

• The CEM must still respect the other two requirements - it must contain the identification information and an unsubscribe mechanism.

#powerofsm

#CASL

Business Cards

You may have their implied consent to send them CEMs, as long as:

• the message relates to the recipient's role, functions or duties in an official or business capacity; and

• the recipient has not made a statement when handing you the business card that they do not wish to receive promotional or marketing messages (CEMs) at that address.

#powerofsm

#CASL

MembershipsConsent may be implied where CEMs are sent to members of an association,

club or voluntary organization. When sending CEMs to your membership based on implied consent, you should ensure that you are only sending to members.

• "Membership" means the status of having been accepted as a member of a club, association or voluntary organization in accordance with its membership requirements. You should also ensure that your organization is a club, association, or voluntary organization that is:

• a non-profit organization,• organized and operated exclusively for social welfare, civic improvement,

pleasure or recreation or for any purpose other than personal profit, and• no part of its income is payable for the personal benefit of any member,

proprietor or shareholder unless that entity is an organization whose primary purpose is the promotion of amateur athletics in Canada.

• The CEM must still respect the other two requirements - it must contain the identification information and unsubscribe mechanism.

#powerofsm

#CASL

PenaltiesAdministrative monetary penalties• Maximum $1 million per person• Maximum $10 million per organization

Can directors and officers be liable too?• Yes, directors, officers, agents and mandataries

of a corporation can be liable, if they directed, authorized, assented to, acquiesced in, or participated in the commission of the violation.

#powerofsm

#CASL

Who is exempt?• In house / within the business structure

– If you have people on your team or who work with you.• Non-profits

– where the primary purpose of the CEMs is to raise funds for the charity.

• Political Parties and candidates– if the primary purpose of the CEM is to solicit a

contribution.• Friends and family

– sent to an individual with whom the sender has a personal or family relationship, as defined theGovernor-in-Council (GiC) Regulations.

#powerofsm

#CASL

Other Exempt Messages• Responses to a current customer, or someone who has inquired in the last

six months.• Messages that will be opened or accessed in a foreign country, including

the U.S., China, and most of Europe.• Messages attempting to enforce a legal right or court order.• Messages that provide warranty, recall, safety, or security information

about a product or service purchased by the recipient.• Messages that provide information about a purchase, subscription,

membership, account, loan, or other ongoing relationship, including delivery of product updates or upgrades.

• A single message to a recipient without an existing relationship on the basis of a referral. The full name of the referring person must be disclosed in the message. The referrer may be family or have another relationship with the person to whom you're sending.

#powerofsm

#CASL

Remove Overwhelm

Are you overwhelmed by this process?Do you need a quick solution?

I have been asked to provide help with this transition.

• Setup your autoresponder• Import your contacts• Create your new list• Send the compliant email

#powerofsm

Remove Overwhelm

Are you overwhelmed by this process?Do you need a quick solution?

I have been asked to provide help with this transition.

• Setup your autoresponder• Import your contacts• Create your new list• Send the compliant email

#powerofsm

Remove Overwhelm

Are you overwhelmed by this process?Do you need a quick solution?

I have been asked to provide help with this transition.

• Setup your autoresponder• Import your contacts• Create your new list• Send the compliant email

#powerofsm

Remove Overwhelm

Are you overwhelmed by this process?Do you need a quick solution?

I have been asked to provide help with this transition.

• Setup your autoresponder• Import your contacts• Create your new list• Send the compliant email

#powerofsm

Remove Overwhelm

If you would like to take me up on this offer please email me at clientcare@geekygirl.ca

This offer is only valid until July 15th 2014

#powerofsm

Next week!

Building Your Twitter Following

Register now:

Click here

#powerofsm

#CASL

www.geekygirl.ca

#powerofsm