Don't Let Anti-Spam Law (CASL) Baffle Your Business.
The Canadian Anti-Spam Legislation (CASL) came into effect July 1, 2014 but rules were set to change on July 1, 2017. These new rules have been suspended for the time being but every business should be ready for the day these new rules come into effect.
Last week, the Federal government scrapped a provision that would have allowed class-action lawsuits against individuals or organizations for alleged violations of the Legislation by sending unsolicited spam emails, text, instant messages or any other electronic messages.
But, as a small business or organization, you still need to have consent from the recipient in order to send commercial electronic messages.
Consent can come in the form or “expressed” or “implied” permission. And the onus is on the individual or businesses sending the message to keep records of consent -- which type of consent it is, and how it was given. Express consent does not expire but implied consent expires after two-years.
Don’t bury your head in the sand because you can still trigger a penalty for not being in compliances with CSAL. There are helpful infographics at fightspam.gc.ca to better understand any hazy issues of what is and what isn’t valid consent.
Most email marketing software like MailChimp records express consent when someone opts in to your mailing list. You can also use customer relationship management software (CRM) to note and track implied consent.
The most effective forms of email marketing and other commercials electronic messages are targeted to a group of recipients who want to engage with your brand. Gone are the days of impersonal blasts to the masses, CASL regulation is taking over.
Once your understand what CASL is asking (and not asking) your business to do, you’ll find legally sound email marketing is sound digital marketing.
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