My anti-spam law (CASL) services include advice relating to:
- General CASL compliance
- Consent requirements
- Form and unsubscribe requirements
- Competition Act compliance for electronic marketing and advertising
- Steps to adapt existing electronic marketing to comply with CASL
STEPS TO TAKE BEFORE THE ANTI-SPAM
LEGISLATION COMES INTO FORCE
Companies or individuals that use electronic marketing – for example, e-mail, text messages and blogs that send updates to e-mail inboxes – should consider taking CASL compliance steps before the new anti-spam legislation comes into force. Some of the steps that can be taken now include:
1. Review electronic marketing to determine which are “commercial electronic messages” (“CEMs”) – for example, e-mails, e-mail newsletters, text messages and blogs that send updates to subscriber e-mail inboxes.
2. Review the existing and proposed categories of CASL exceptions and implied consent.
3. Review subscription lists and divide names into categories – e.g., names that fall into exceptions, names for which a category of implied consent applies, names for which consent needs to be obtained, etc.
4. Prepare consent requests that comply with the CASL and CRTC requirements (including through electronic forms, blog subscription mechanisms, etc.).
5. Work to confirm or obtain consents where required.
6. Establish a system to record consents.
7. Identify names that may need to be purged from marketing lists where consent cannot be obtained (and no exception or category of implied consent exists).
8. Prepare CEMs that comply with the CASL and CRTC requirements (including prescribed unsubscribe mechanisms).
9. Establish a process to periodically refresh consents (or delete contacts – for example, where there is no longer any existing business relationship within the past two years, within the transition period, etc.).
10. Establish a process to unsubscribe contacts within the prescribed period.
11. Add anti-spam compliance to existing compliance programs.
12. Monitor the progress of the draft Regulations and CRTC/Industry Canada guidelines (and adapt internal policies and procedures to reflect the final law).
13. Ensure other forms of marketing (e.g., telemarketing) comply with other relevant laws (e.g., the national Do Not Call List) and that advertising generally complies with Canada’s misleading advertising laws (e.g., under the Competition Act).
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