Canada’s Anti-Spam Law – Be Prepared
Spam accounts for over 50% of all email traffic today. Is there cause for concern?
The Canadian government certainly thinks so. As the digital world becomes more and more expansive, and interaction with the consumer increasingly direct, the fine line between what represents welcome communication and what constitutes spam is progressively blurred.
Marketing efforts can now reach the consumer virtually everywhere and at all hours of the day, and legislators agree that overly aggressive marketers need to be monitored and reined in. This is not a novel concept: spam-regulating bills in Canada were introduced in 2009 with the Electronic Commerce Protection Act, extended in 2010 with Bill C-28 and will be further expanded and clarified with the late-2012 introduction of CASL: the Canadian Anti-Spam Law.
Officially, spam is defined as "any electronic commercial message sent without the express consent of the recipient(s) or used as the vehicle for the delivery of other online threats such as spyware, phishing and malware"*.
What does this new law mean for you?
The purpose of the CASL is to promote the efficiency of the Canadian economy and regulate commercial conduct by discouraging the use of electronic means to carry out commercial activities. In order to legitimately send a Commercial Electronic Message (CEM) whose sole purpose is to encourage participation in a commercial activity, the CASL stipulates that:
a) Express consent must be obtained from the recipient;
b) The purpose for such consent must be clear and simply set out; and
c) Consent for contact remains in force for up to 3 years provided the individual does not opt out in the interim.
Express consent is not needed when there is an existing business relationship, or a non-business related relationship (including donations/volunteers) or, of course, a personal relationship.
There are specifications on who can be contacted and for how long without express consent:
a) Purchasers of products, goods or services, acceptors of business, or those of an investment or gaming opportunity (e.g. a contest entrant) can be contacted without express consent for a period of 2 years.
b) Someone who inquires about your product, goods or service can be contacted without express consent for up to 6 months.
No consent is required for:
a) Providing a requested quote
b) Confirming a transaction
c) Issuing warranty information
d) Delivering goods.
So what can YOU do to ensure compliance?
a) Review the clarity of your language for opt-ins
b) Always link to a well articulated privacy policy
c) Disclose full contact information
d) Give the consumer the ability to unsubscribe
e) Review collection process, ensure opt-ins are date stamped
f) Use reactivation programs to gain express consent
g) Apply the Gold Standard – the double Opt-in
And make no mistake: you need to comply.If any of these laws are violated, there are definite consequences that can be up to $10mm per instance, and others including jail time.
The author, Sage Galoni, is a member of the Direct Access Digital team of online and mobile marketing specialists. The group is committed to developing and implementing a wide variety of direct consumer connection programs that adhere to CASL and all evolving legislation in Canada and the US.
*Canadian Government Website (2011)
