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CASL: What Email
Marketers
Need to Know
Andrea Zappone – Client Sales Executive
Greg Robinson – Deliverability Manager
Disclaimer
We are not lawyers and we cannot provide legal
advice. Sender processes and situations vary
significantly, so we advise consulting a lawyer
when analyzing the granular details of CASL and
how they apply to your organization.
We are here to offer awareness and our
interpretation as email marketers.
What is CASL?
“…regulating certain activities that
discourage reliance on electronic means of
carrying out commercial activities…”
Spamming
Hacking
Harvesting

Fraud
Malware
Invasion of Privacy
Does CASL Affect me?
Do you send email from Canada?

YES!

Do you send email to anyone in
Canada, even if located elsewhere?

YES!
CASL Requirements
 Permission is required
 Be prepared to prove it!
 Consent forms must not be pre-checked
 Functioning unsubscribe mechanism

 Accurate sender info and subject lines
 Include postal address and contact information
 Identify organizations for whom the message is sent
What CASL exemptions
exist?
Response to inquiries
Email to Family & friends
Between companies with an existing relationship
Work email between coworkers
Political and Charity emails not promoting a product
Transactional email with NO marketing
Legal messages for collections, recalls or copyright info
Single messages based on referrals
Consent – “The BIG ONE”

Express
vs

Implied
Implied Consent
Existing business relationships
Existing non-business relationships
Conspicuously posted email addresses

Directly supplied addresses
Express Consent
Clearly stated purpose of consent
NO PRE-CHECKED BOXES
May UNSUBSCRIBE at any time
Contact information must be provided
*Grace period of 3 years
CASL – Coming into Force
July 1, 2014: Primary Legislation
January 15, 2015: Computer Program Provisions
July 1, 2017: Private Rights of Action
Express Consent grace period ends
CASL Compliance Planning
1.

2.
3.

4.
5.

List CEM categories
Create CEM definition guideline
Determine if new consent must be
obtained
Update consent request processes
Build fields into database for offline
consent
CASL Compliance Planning
(Cont’d)

Review and update email templates
7. Test and update unsubscribe mechanism
8. Train staff on new policies
9. Build an “exit” strategy
10. Create plan to reconfirm implied consent
11. ASK QUESTIONS!!!
6.
QUESTIONS?
Please submit via the chat box
Don’t be shy 
Unanswered questions will be shared via
email post webinar
THANK YOU!

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CASL: What Email Marketers Need to Know

  • 1. CASL: What Email Marketers Need to Know Andrea Zappone – Client Sales Executive Greg Robinson – Deliverability Manager
  • 2. Disclaimer We are not lawyers and we cannot provide legal advice. Sender processes and situations vary significantly, so we advise consulting a lawyer when analyzing the granular details of CASL and how they apply to your organization. We are here to offer awareness and our interpretation as email marketers.
  • 3. What is CASL? “…regulating certain activities that discourage reliance on electronic means of carrying out commercial activities…” Spamming Hacking Harvesting Fraud Malware Invasion of Privacy
  • 4. Does CASL Affect me? Do you send email from Canada? YES! Do you send email to anyone in Canada, even if located elsewhere? YES!
  • 5. CASL Requirements  Permission is required  Be prepared to prove it!  Consent forms must not be pre-checked  Functioning unsubscribe mechanism  Accurate sender info and subject lines  Include postal address and contact information  Identify organizations for whom the message is sent
  • 6. What CASL exemptions exist? Response to inquiries Email to Family & friends Between companies with an existing relationship Work email between coworkers Political and Charity emails not promoting a product Transactional email with NO marketing Legal messages for collections, recalls or copyright info Single messages based on referrals
  • 7. Consent – “The BIG ONE” Express vs Implied
  • 8. Implied Consent Existing business relationships Existing non-business relationships Conspicuously posted email addresses Directly supplied addresses
  • 9. Express Consent Clearly stated purpose of consent NO PRE-CHECKED BOXES May UNSUBSCRIBE at any time Contact information must be provided *Grace period of 3 years
  • 10. CASL – Coming into Force July 1, 2014: Primary Legislation January 15, 2015: Computer Program Provisions July 1, 2017: Private Rights of Action Express Consent grace period ends
  • 11. CASL Compliance Planning 1. 2. 3. 4. 5. List CEM categories Create CEM definition guideline Determine if new consent must be obtained Update consent request processes Build fields into database for offline consent
  • 12. CASL Compliance Planning (Cont’d) Review and update email templates 7. Test and update unsubscribe mechanism 8. Train staff on new policies 9. Build an “exit” strategy 10. Create plan to reconfirm implied consent 11. ASK QUESTIONS!!! 6.
  • 13. QUESTIONS? Please submit via the chat box Don’t be shy  Unanswered questions will be shared via email post webinar