The new Canadian anti-spam law affects not-for-profits and associations just like private and for profit organizations. The ruling has lots of implications for inbound, outbound, and sponsored programs. Here's what I've learned to get you going on a compliance plan.
2. First things First
• The law also applies to software
installation/integration on computer systems in
Canada, but we’re just focusing here on the
sending of commercial electronic messages
• I am not a lawyer, but I’ve read a lot about the
legislation, and I’ve talked to our own association
counsel and email/marketing automation
partners
• I will warn you that the exact interpretation of
the ruling and its application is ALL ACROSS THE
BOARD
3. What I think it means for
marketing/communications
requires all parties delivering commercial electronic
messages to users in Canada to have secured opt-in*
consent from those users prior to sending those
messages (via email, text, & IM)
*must be user-directed and not pre-checked; other
rules apply including full sender i.d. and opt-
out/unsubscribe provisions
4. How does that affect associations?
• Assume that ALL messages you send are commercial
messages, even if you are a not-for profit and your
message does not involve a financial transaction. (The
Canadian definition is too broad to split hairs)
• Effective July 1, 2014 you can’t send out any emails to
Canadians with whom you have no prior engagement
– That means no more use of 3rd party lists without an
express consent for your use
– There is a 3-year transition period within which you can
still send outbound messages to, while seeking consent
from, anyone who has done anything with you during the
past 2 years – basically your “community”
5. This is where things get Sticky…
• Between now and July 1, 2017, you will need to obtain opt-
in consent from EVERY Canadian you want to engage with
via email, IM or text message
– Day-forward changes to all inbound processes (for unknown
prospects)
– Going back to all contacts to obtain consent through soft opt-ins
and double email confirmations
• Beginning immediately, you will need to obtain opt-in
consent for your program sponsors if they expect lead
generation by you on their behalf.
• Examine your infrastructure and processes; can you handle
unique/separate processes just for Canadians or will you
want to make these changes across the board?
6. Steps to Take Now
• Change your registration and download language to explicitly get consent
– The consent language should appear next to the email data field
– Technically, you need to unbundle the consent from any other action you
may be asking the user to take (the is some debate about this)
• Create a new clause in every sponsored program contract that must be
signed by your vendor representative
– This outlines how you comply with CASL, including how you come to
share emails with them, commits them to complying with CASL on their
end, and indemnifies you from their activities from that point forward
• Set up new records management processes and accountabilities to:
– Document opt-ins (and opt-outs) with accurate views/reports capability
– Document lead sharing by vendor/program/date including opt-out
requests received on their end (a whole set of rules apply then)
– Enforce vendor sales contracts
7. Some good Resources
• Fight Spam initiative by the Canadian
Government at
http://fightspam.gc.ca/eic/site/030.nsf/eng/hom
e
• Mail Chimp’s advice at
http://kb.mailchimp.com/article/about-the-
canada-anti-spam-law-casl/
• Hubspot’s comments on landing pages at
http://blog.hubspot.com/marketing/casl-guide-
canadian-anti-spam-legislation