CASL Canada s Anti-Spam Law. Webinar One - Consent

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1 CASL Canada s Anti-Spam Law Webinar One - Consent 1

2 Disclaimer The information included in this presentation may not reflect the views of Industry Canada, or the Canadian Radio-television and Telecommunications Commission. This information was created to provide a practical application to CASL. None of the information provided should be used as legal advice. For all legal matters, marketers are encouraged to speak with their own legal counsel.

3 Purpose An Act to Promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act -fightspam.gc.ca

4 Three Primary Rules Today May 1 June 3 Webinar 1: Consent Webinar 2: Opt-in & Unsubscribe Webinar 3: Identification & CASL Review

5 Agenda Background Consent Grandfathering Consent Getting ready 5

6 Background / Review

7 Background MAY 2004 IC establishes task force on spam MAY 2010 Re-introduced as Fighting Internet & Wireless Spam Act (FISA) MARCH 2012 CRTC presents final regulations JULY CASL Enforcement begins. Law is enforceable and compliance is required APRIL 2009 Bill 27, introduced in Parliament DECEMBER 2010 Receives Royal Assent DECEMBER 2013 IC presents final regulations JULY 2017 PRA delayed until then 7

8 CASL Review LEGISLATION Against unsolicited electronic communication DETAILED RULES For commercial electronic messages sent from or accessed in Canada CONSENT Sender must attain some form of consent before sending CEM FINES Up to $10 million for corporations and $1 million for individuals ENFORCEMENT No minimum # to be caught 8

9 What Does CASL Cover? Commercial electronic messages Installation of computer programs Altering transmission data Note: exemptions apply 9

10 CASL Exclusions Personal and family relationship B2B Inquiry message Response to enquiry Legal message Closed platforms Foreign messages Charity and political parties 10

11 Consent Overview

12 Consent: Express vs Implied Express Implied Oral Written Non business relationship Published info Business relationship Disclosure 12

13 Express Consent Overview Express Consent: Does not expire Best practices still recommended Recipient stated they would like to receive CEMs from sender. Must make positive action to grant consent Inaction will not grant express consent (pre-checked box) 13

14 Express Consent Overview Express Consent Breakdown: Oral Call centre Point of sale Written Web from / Preference centre Subscription form Point of sale Ballet boxes 14

15 Consent Overview Implied Consent: Consent expires in 24 months* Expiry resets after every transaction Mostly obtained by interaction or relationship Renewed implied consent trumps opt out Beware of best practices *Some forms of consent will have different expiry windows 15

16 Consent Overview Implied Consent: Non-Business Relationship Membership (Not for profit) Volunteer Work Performed Published Information Blog Trade Journal Business Relationship Purchase Written contract Disclosure Business card at a tradeshow *Some forms of consent will have different expiry windows 16

17 Special Consent - Forward to a Friend 17

18 Consent Exemptions (Unsubscribe and ID Requirements still apply) Requested quotes Commercial transactions with recipient s prior agreement Warranty or safety information Subscription or membership information Employment or benefit plan information Delivery of goods or services Referrals (only 1 CEM allowed) 18

19 Grandfathering Consent

20 Grandfathering Consent Business/non-business relationships Oral Written Disclosure Published info Express Implied Burden of Proof 20

21 Getting Ready

22 Getting Ready: Opt-in Page Red Earth 123 Toronto St Toronto, Ontario M4P-2Y3 22

23 Identify/Audit Identify your database. Audit data storage Re-permission strategy Mail stream separation (Express/Implied) Business logic around implied vs express consent Audit partners Purchased or fabricated lists Review / modify your opt in procedure 23

24 Grandfathering of Consent Expressed Implied Burden of proof 24

25 Guidance from CRTC: Information Bulletins Bundling of request for consent Forms of gaining oral consent Prechecked boxes Confirmation of consent 25

26 Summary Express vs Implied Consent Special Consent Grandfathering of Consent Expiry of Consent Exclusions of Consent / CASL 26

27 CONTACT Ryan Moss Director, ISP & Client Relationship TC Media X 238?

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