Canada's Anti-Spam Legislation: Identification and Unsubscribe Mechanism
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In a series of three webinars, Ryan Moss, Director of ISP and Client Relationships at TC Media, prepares marketers for Canada’s Anti-Spam Legislation (CASL). In the second webinar, he reviews what information you, as a marketer, need to collect, and will share examples of practical use cases through fictitious scenarios. Listen to the webinar here: https://transcontinental-printing.webex.com/ec0701l/eventcenter/recording/recordAction.do?theAction=poprecord&AT=pb&internalRecordTicket=000000010f6ea36a19e8483bc4e9dd6d6486a80e881e5a92d3deac656318fe6e02d00120&isurlact=true&renewticket=0&recordID=69317292&apiname=lsr.php&needFilter=false&format=short&&SP=EC&rID=69317292&RCID=2ab2c636fb664b35aa5a2f35d128cd2e&siteurl=transcontinental-printing&actappname=ec0701l&actname=%2Feventcenter%2Fframe%2Fg.do&rnd=8193962712&entactname=%2FnbrRecordingURL.do&entappname=url0201l
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Canada's Anti-Spam Legislation: Identification and Unsubscribe Mechanism
- 1. 2014 1 CASL Canada’s Anti-Spam Law Webinar Two – Identification and Unsubscribe Mechanism 2014
- 2. 2014 Disclaimer 2014 The information included in this presentation may not reflect the views of Industry Canada, or the Canadian Radio-television and Telecommunications Commission. This information was created to provide a practical application to CASL. None of the information provided should be used as legal advice. For all legal matters, marketers are encouraged to speak with their own legal counsel .
- 3. 2014 Purpose 2014 “An Act to Promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act” -fightspam.gc.ca
- 4. 2014 Three Primary Rules 2014 Webinar 1: Consent Webinar 2: Identification & Unsubscribe Webinar 3: Last Minute Guide April 1 June 18Today
- 7. 2014 7 Background MAY 2004 IC establishes task force on spam APRIL 2009 Bill 27, introduced in Parliament MAY 2010 Re-introduced as Fighting Internet & Wireless Spam Act (FISA) DECEMBER 2010 Receives Royal Assent MARCH 2012 CRTC presents final regulations DECEMBER 2013 IC presents final regulations JULY 2014 CASL Enforcement begins. Law is enforceable and compliance is required JULY 2017 PRA delayed until then
- 8. 2014 8 CASL Review LEGISLATION Against unsolicited electronic communication DETAILED RULES For commercial electronic messages sent from or accessed in Canada CONSENT Sender must attain some form of consent before sending CEM FINES Up to $10 million for corporations and $1 million for individuals ENFORCEMENT No minimum # to be caught
- 9. 2014 9 What Does CASL Cover? • Commercial electronic messages • Installation of computer programs • Altering transmission data 2014 9 Note: exemptions apply
- 10. 2014 10 Commercial Electronic Messages (CEM) • What is CEM? • What may not be CEM? Note: does not encourage participation in commercial activity
- 12. 2014 12 CEM Identification EVERY CEM NEEDS TO INCLUDE: • Identity of collector/sender • Identity of advertiser • Use legal name, not brand name • Mailing address • Either telephone, email, web address • Functional for at least 60 days • Identify list owner or third party • Notification statement – if applicable
- 13. 2014 13 CEM Example – Branded Offer
- 14. 2014 14 CEM Example – List Rental / Third Party • Not to be confused with a list purchase. List never changes hands
- 15. 2014 15 CEM Example – Identification of Referral Email You are receiving this email because you were referred by Joan Smith. This message was intended for user@domain.com
- 16. 2014 16 Insufficient Information for Identification From: To: Subject: Brand X [mailto:mail@brand-x.com] user@domain.com Offre partenaire: Grattez jusqu’à 100% de rabais Pour cesser de recevoir nos Brand X, envoyez-nous un courriel en cliquant ici, Ne changez pas le message ni le titre, sinon votre nom ne sera pas retiré. Vous recevrez encore une ou deux info-lettres après votre demande. Vous avez reçu ce message d'un ami? Pour vous abonner à notre Brand X et la recevoir à toutes les semaines, cliquez-ici. Enfin, soyez assuré que jamais nous ne vendrons, échangerons ou louerons votre adresse de courriel • Missing Identification and contact methods • Missing unsubscribe • Missing Privacy Policy
- 17. 2014 17 Subscription Identification EVERY OPT-IN CHANNEL MUST INCLUDE: • Identity of collector/sender • Identity of advertiser • Mailing address • Either telephone, email, web address • Functional for at least 60 days • Consent statement • Purpose
- 18. 2014 18 Identification SPECIAL CASES: • Call centre • Point of sale • Text message – SMS • In store ballots • Fish bowls • QR codes / Text to signup • ESP or agency • Forward to a Friend
- 19. 2014 19 Identification for a Contest 2014 19
- 20. 2014 20 Identification for Newsletter Sign-up Page
- 21. 2014 21 No Proper Identification for a Referral Email • Missing Identification and contact methods • Missing Senders First/Last name
- 23. 2014 23 Unsubscribe • Readily performed • Processed in less than 10 days • Functional and available for 60 days • Simple, no cost • Sent, not received (reply to unsubscribe)
- 24. 2014 24 Unsubscribe • Multi-part messages (plain text & HTML) • SMS short codes, ‘Reply’, ‘click a link’ and ‘email to unsubscribe’ acceptable • Should not require log-in or ask for information other than email address. • Preference centre is preferred over list unsubscribe* • Confirmation of unsubscribe via landing page* *Best practice – not required
- 25. 2014 25 Give Consumers Options to Change their Email Preferences
- 26. 2014 26 Another Great Email Preferences Page
- 27. 2014 27 Confirmation of Unsubscribe
- 28. 2014 28 Example of Bad Unsubscribe Mechanism
- 29. 2014 29 Do Not Send an Email to Confirm the Person is Unsubscribed From: To: Subject: Brand X [mailto:mail@brand-x.com] user@domain.com You have been unsubscribed This email is to confirm that you have been removed from the subscription list of newsletter XYZ from Brand X. Thanks and hope to see you soon! Brand X
- 31. 2014 31 Getting Ready / Best Practices • Err on the side of caution. • Update subscription checklist and approval process • Be sure all CEMs include link to the privacy policy • Testing templates and unsubscribe mechanisms periodically • Data inventory / syncing (unsubscribe data) 2014 31
- 32. 2014 32 Getting Ready / Best Practices • CEM classification • Team education • Determine if you need to identify your ESP or agency • Create escalation paths in case of complaints/undertaking 2014 32
- 33. CONTACT Ryan Moss Director, ISP & Client Relationship TC Media 2014 ryan.moss@tc.tc 416-218-3609 ?
Notas do Editor
- “An Act to Promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (CASL)” -fightspam.gc.ca
- “An Act to Promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act ” -fightspam.gc.ca
- Originally introduced into parliament in 2009. -December 2013, final regulations have been publiched by CRTC -July 2014 – Law is implmented Installation of computer programs delayed until July 2015 Private Right of Action delayed until July 2017
- Applies to Commercial Electronic Messages (CEM) and installation of computer programs At least one of the purposes of the message must be to encourage participation in commercial activity Requires customers to “opt-in” rather than “opt out” Consent obligations are more narrowly drafted CRTC is primarily responsible for enforcement Combination of public and private enforcement Extended liability Follow the money Vicarious liability Undertakings, due diligence Defining Sent: Message is sent once transmission has been initiated Does not matter whether – Message reaches destination – Electronic address exists
- Commercial Electronic Messages Computer systems located in Canada used to send, route, or access electronic messages (Email, Instant Messaging, and SMS) Installation of computer Programs Note: exemptions apply
- What is CEM -A commercial electronic message is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. Encourage participation in commercial activity: Product or service Business opportunities Promotes individual who does any of the above Message to seek consent is CEM What may not be CEM may not be considered - Surveys, polls, transaction message, notification messages Must not encourage participation in commercial activity as any of its objectives (CAN SPAM allows mixed messaging, CASL does not)
- Unsubscribe must include an unsubscribe mechanism that lets user communicate wish to no longer receive any CEM, or any specified class of such messages. Unsubscribe mechanism should "be able to be readily performed” Simple, quick, easy, no delay SMS, user choice between replying to SMS message with “STOP” or by clicking on an “Unsubscribe” link that will take the user to a web page where he or she can unsubscribe from receiving all or some types of CEMs from the sender. ‘Reply to unsubscribe’ and ‘email to unsubscribe’ are also acceptable Unsubscribe mechanism needs to remain valid for at least 60 days after the message has been sent,
- Unsubscribe must include an unsubscribe mechanism that lets user communicate wish to no longer receive any CEM, or any specified class of such messages. Unsubscribe mechanism should "be able to be readily performed” Simple, quick, easy, no delay SMS, user choice between replying to SMS message with “STOP” or by clicking on an “Unsubscribe” link that will take the user to a web page where he or she can unsubscribe from receiving all or some types of CEMs from the sender. ‘Reply to unsubscribe’ and ‘email to unsubscribe’ are also acceptable Unsubscribe mechanism needs to remain valid for at least 60 days after the message has been sent,