5 THINGS EMAIL MARKETERS
SHOULD DO TO PREPARE FOR CASL
MAY 7, 2014

BLUEHORNET AT-A-GLANCE
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TODAY’S PRESENTERS
Kara Trivunovic,
VP Strategic Services, BlueHornet
@ktrivunovic
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Chris Vitulski,
Deliverability Management, BlueHornet
@cvituls

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TODAY’S AGENDA
 What is CASL?
 Defining Compliance
 5 Steps Every Marketer Should Take
 Q&A
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ABOUT CANADIAN ANTI-SPAM LEGISLATION (CASL)
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Consent
You must have either implied or express consent
of the user
Unsubscribe Mechanism
Every message you are sending must have a valid
unsubscribe mechanism, yes…EVERY message
Identification
Cleary identify who you are and/or who you are
sending on behalf of

CONSENT
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Express Consent
 Boxes cannot be pre-checked
 If gaining consent by an email box it
must not be pre-filled
 Every address after July 1, 2014 must
have some form of consent
Implied Consent
 All addresses collected previous to July 1, 2014
will have implied consent until July 1, 2017
 Implied consent is also given for transactional
mail, such as a purchase confirmation

IDENTIFICATION
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 Each email sent must contain information identifying the sender
and, if applicable, anyone they are sending on behalf of including
contact information for all involved.
 The regulation does not require that persons situated between the
person sending the message and the person on whose behalf the
message is sent need necessarily be identified. This means that ESPs
are exempt.
 When emails are sent on behalf of multiple persons,
such as affiliates, all of those persons must
be identified.
 A valid mailing address must also be included.
The address must be valid for at least 60 days
after the message is sent.
• PO boxes are acceptable

UNSUBSCRIBE MECHANISM
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All messages must contain an Unsubscribe
This is different from US laws as transactional
messages are not required to contain an unsub
mechanism
Are there limitations to the Unsub link?
Under CASL, an unsubscribe mechanism must be
'readily performed.' An unsubscribe link can direct
the consumer to a web page that is quick and easy
to use.
Does the CRTC have examples of Unsubs?
See Compliance and Enforcement Information
Bulletin CRTC 2012-548.

ARE YOU CASL COMPLIANT?
 All Canadian subscribers signed up from July 1, 2014
forward will fall under the new law.
 All subscribers collected prior to July 1, 2014 will have
until July 1, 2017 to be re-permissioned if current
processes do not fulfill the express consent clause.
 Questions to ask:
 Do all of my messages contain a proper unsubscribe?
 Am I and anyone I am sending on behalf of properly
identified in my message?
 Does my current sign up process fulfill the express
consent provisions of CASL?
 If you are not sure of a provision or have
questions on CASL please visit their webpage at
http://www.crtc.gc.ca/eng/casl-lcap.htm.
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5 STEPS TO TAKE
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PREPARING FOR CASL
Understand your Canadian Presence
Do you know where your subscribers are?
Check with Legal
Coordinate a legal interpretation of the new laws.
Evaluate and Update Your Permission Process
Is your process currently compliant?
Plan a Re-permission Campaign
Allow your Canadian subscribers to provide express permission.
Consider Transactional Communications
Don’t forget your transactional messages, they aren’t exempt.
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UNDERSTANDING YOUR CANADIAN PRESENCE
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Canada:
12%
US:
68%
EU:
9%
SA:
6%
AU:
5%

CHECK WITH LEGAL
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EVALUATE YOUR PERMISSION PROCESS
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1. Check Box
Not pre-checked
2. Sign up form
No pre-filled fields

PLAN A RE-PERMISSION CAMPAIGN
 Send to all Canadian subscribers if
express permission had not been
previously documented.
 Message in the voice and personality
of your brand.
 Reference the CASL regulations and
your desire to maintain a
relationship.
 Ask for express permission and
drive to a compliant page that
allows the capture appropriately.
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CONSIDER TRANSACTIONAL TOO
 All electronic
communications sent in to
Canada must have a
mechanism to unsubscribe
 Unsubscribe functionality
must be available on
transactional
communications
 On-site remediation of
unsubscribe behavior from
transactional
communications may be
possible
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PREPARING FOR CASL
Understand your Canadian Presence
Do you know where your subscribers are?
Check with Legal
Coordinate a legal interpretation of the new laws.
Evaluate and Update Your Permission Process
Is your process currently compliant?
Plan a Re-permission Campaign
Allow your Canadian subscribers to provide express permission.
Consider Transactional Communications
Don’t forget your transactional messages, they aren’t exempt.
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THANK YOU
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Have additional questions
about CASL?
CONTACT US AT:
BlueHornetCommunications
@BlueHornet.com