CASL in effect July 1, 2014

Here are a few FAQs to help ensure your email marketing is compliant:

Q: What exactly is this new CASL?
A: This law prevents you from sending commercial electronic messages (i.e. marketing emails) to people who haven't opted-in to receive your emails.

Q: How much could I have to pay if I'm not compliant?
A: Fines can reach up to $1M for individuals and up to $10M for corporations.

Q: Can I send a message to all my customers to announce the legal changes, & then ask that they respond via a survey to confirm or deny that they are providing consent?
A: Before July 1, 2014, yes. After July 1, 2014, yes if you have consent. Note that if you have a record of how the electronic address was acquired before July 1, 2014, consent is considered implied until July 1, 2017, & you could send this type of message, unless of course the recipient chooses to unsubscribe.

Q: How long do we need to maintain record of consents?
A: For as long as you intend to communicate with the receiver. In practical terms, it is prudent to keep those records well beyond the last communication date. The law stipulates that a proceeding may be initiated up to 3 years after the violation was noted by the CRTC.

There are 3 simple rules to follow when sending CEMs:

Consent

You must have expressed or implied consent to send a message.

Identification

You must clearly and simply identify yourselves and anyone else on whose behalf the message is sent.

Unsubscribe Mechanism

In every message you send, you must provide a way for recipients to unsubscribe from receiving messages in the future.



For more info, you can visit: http://www.crtc.gc.ca/eng/casl-lcap.htm
On how to Protect Your Business or Organization Online or While Mobile, visit: http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00072.html