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You’ve probably heard that Canada’s new Anti-Spam Legislation (CASL), one of the toughest in the world, took effect as of July 1, 2014. In case you haven’t, we put together a quick overview of the facts here.

Once you’ve obtained recipient-consent and familiarized yourself with any areas that may be subject to CASL scrutiny, we thought we’d help you dot the i’s and cross the t’s of CASL compliance as we continue our affiliate checklist below:

Have I Obtained Implied or Express Consent?

Ideally, in a post-CASL world, an organization would have to obtain express consent from its full list of database-subscribers to be fully CASL-compliant. This would entail collecting solid evidence that each intended recipient explicitly granted sender-permission (electronically, in writing or verbally with documentation). Consent obtained on the sly through automatic opt-in checkboxes, or through forms without a clear double opt-in feature (confirmation email with a link people must click on to subscribe) will likewise be subject to scrutiny under CASL’s guidelines.

Fortunately, the new legislation has defined a special transitional period that grants organizations a 3-year window for communicating with customers from whom they have obtained ‘implied consent’, provided, of course,  that they at no point asked to be unsubscribed, and that the consent was acquired before July 1, 2014 (when CASL comes into effect).

Do I Have A Working Unsubscribe Mechanism?

For consent to be valid under CASL, a recipient must retain the right to withdraw their consent at any time should they choose to do so. All outgoing messages should therefore include a working unsubscribe mechanism that not only makes this clear but may be followed through with minimal effort on behalf of the receiver. Unsubscribe mechanisms must also be functional for a minimum of 60 days after a message is sent, and unsubscribe requests be processed within 10 days of recipient-submittal.

Penalties

CASL will be coming down hard on all unrestricted commercial communication, so if you’re planning on sending any emails or text messages to Canadian consumers, you’d better make sure you have their express consent to do so because the penalties are severe. Violators of the law will be liable for up to $1 million in fines for individuals and $10 million for companies.

Canada’s Anti-Spam Legislation (CASL): The Fine Print

Don’t be fooled by its name – CASL has broader implications that could affect even those companies who’ve been abiding by best-practice policies for years. And violators may not even need to be located in Canada – so long as they have Canadian recipients – to be prosecuted.  Additionally, any requests for consent must clearly state directions for opt-out in case a recipient would like their consent withdrawn in the future.

Read more about Canada’s Anti-Spam Legislation here.

Disclaimer: The above does not constitute legal advice.  Please consult your legal representatives for any guidance with regard to compliance with CASL or obtaining permission to conduct business in Canada or any other jurisdiction.   This information is not intended to be relied on.  Share Results is absolved of any responsibility for your failure to properly comply with the Canadian Anti-Spam Legislation or any other related legislation in Canada or elsewhere.

As of July 1, 2014, Canada’s Anti-Spam Legislation (CASL), a new law targeting all forms of commercial electronic communication has taken effect. Drafted with the purpose of protecting Canadians from spyware, phishing attempts, identity theft and other harmful e-practices, acquiring receiver-consent is at the heart of the new law.

As we, at Share Results, have had to re-organize ourselves, we thought we’d put together a quick checklist to help affiliates determine whether their current promotional projects are CASL-compliant.

Does CASL Apply To My Outgoing Messages?

Any forms of Commercial Electronic Messages –delivered with the intent of eliciting commercial activity – will be subject to CASL’s guidelines.

Are Any Of My Communications CASL-Exempt?

Communications sent or received from a personal address (email, phone or social media account), or to a recipient with whom the sender has a personal or familial relationship will not be punishable under the new law. Other noteworthy exemptions include:

– Messages sent or received through social media platforms (provided an unsubscribe function is easily accessible).

– A reply to an inquiry or request initiated by the intended recipient.

– Business communications between employees of an organization and representatives of another (B2B messages).

Where Would CASL Apply?

A good place to begin would be identifying any CASL-prone areas. This should include any existing mailing or subscription lists, sign-up forms, customer databases and system-generated auto-messages (including welcoming/confirmation emails, etc.).

Are Requests to Obtain Consent CASL-Compliant?

Once you’ve been able to pinpoint where CASL can have an impact, it’s important to start working towards obtaining recipient-consent.  For consent to be valid under the law, any outgoing messages must clearly state their intent, as well as the name of the individual or organization responsible for their communication. Note that when obtaining consent, it must be through a conscious action by the recipient.  Any pre-checked subscription boxes or re-confirmation messages will be regarded as falling outside of CASL guidelines.

Read more about Canada’s Anti-Spam Legislation here.

Disclaimer: The above does not constitute legal advice.  Please consult your legal representatives for any guidance with regard to compliance with CASL or obtaining permission to conduct business in Canada or any other jurisdiction.   This information is not intended to be relied on.  Share Results is absolved of any responsibility for your failure to properly comply with the Canadian Anti-Spam Legislation or any other related legislation in Canada or elsewhere.