By now, you have surely heard of CASL, but do you know how it effects the way you can communicate with your audience? We are here to fill you in on all of the details so you can maintain the trust of your customers and continue growth.
So…What is it? CASL = Canada’s Anti-Spam Law.
CASL has slowly been transitioning into effect and starting in July, the transition period is over. This means that now is the time to get your ducks in a row and understand what you need to do as a business to be in compliance.
Here are 3 Things You Need To Know:
1. This law includes CEMs (commercial electronic messages).
Do you send CEMs? A CEM is any electronic message that encourages participation from your subscriber. This includes purchasing products, providing a business opportunity, and advertising these activities. CEMs do not include non-commercial messages such as a message with a hyperlink to your website.
2. You must have consent.
Did your customer opt-in? EXPRESSED consent includes your subscriber saying, “Yes, please contact me” either by writing (electronically) or given orally. IMPLIED consent includes your subscriber being a potential customer/customer who has contacted or purchased from you or a publicly shared email address. Makes sense, right? You must have this consent before you send any message. Before contacting, stop and ask yourself if you can show where you got the consent from. Note: Consent received before July 1, 2014, remains VALID until the customer unsubscribes.
3. You must include your name & the ability to unsubscribe in EVERY message.
Ready to send? Once you have consent and are ready to send your CEM, you must include key features within your message. You (as a sender) must clearly identify yourself and your organization. Your contact information must be present and easily accessible for a customer to contact you. Lastly, you must have clear, functional opt-out mechanisms.
If you do not comply…
Companies may face serious penalties if they do not comply with CASL. The Canadian Radio-Television and Telecommunications Commission will be monitoring and investigating companies that do not comply. Any individual will also have the capability to sue any company that they believe is sending spam messages.
- Criminal charges
- Civil Charges
- Personal Liability
- Penalties (up to $10M)
When is this change happening?
The original start date was scheduled for July 1, 2017. At this time, the change has been extended and no date has been selected. Stay tuned for further information!
Our advice: Better safe than sorry!
If you are unsure, do not email.
For more information visit: http://www.fightspam.gc.ca/eic/site/030.nsf/eng/home