Avoiding CASL Calamity
The roll-out of Canada’s Anti-Spam Legislation (CASL) back in 2014 became a source of dread and anxiety for Canadian marketers, causing them to re-evaluate an email campaign’s ability to generate awareness, engagement and growth – both for themselves and their clients.
CASL was designed to curtail the unwanted, large-scale email collection – which led to Canadians receiving unsolicited and often disingenuous marketing emails – otherwise known as SPAM. With malicious software being channeled through spam email, recipients were left vulnerable to identity theft, fraud, malware, ransomware and more.
The Results: A Double-Edged Sword
One year following CASL’s coming into force, there was a 37% decline in spam originating in Canada, and a 29% decrease in overall spam received by Canadians.
Whereas the United States’ CAN-SPAM operates on an “opt-out” philosophy that requires recipients to express they are NOT interested in receiving commercial promotions, CASL is structured around an “opt-in” philosophy. The obligation lays with the marketer or sender to attain the consent of the recipient BEFORE sending any commercial content.
What You Need to Know
While CASL’s “opt-in” philosophy is restrictive, it isn’t to the point where email campaigns cease to exist. What it does mean, is that to send out promotional material via email requires “implied consent”, which means:
- There is an Existing Business Relationship. There has been a purchase of goods, services, or land, an acceptance of business or investment opportunity, inquiry about purchasing or business/investment opportunity, or there’s an existing contract between sender and recipient.
- There is an Existing Non-Business Relationship. This condition applies mainly to charities and not-for-profit organizations/associations and encompasses people who have donated or gifted to the organization, volunteered, or attended its events.
- There is Disclosure. Implied consent exists when an email address is provided to you, without indication that they do not wish to receive unsolicited promotional messages to that address.
- There’s “Conspicuous Publication”. When you obtain an email that has been published for all to see, for example on LinkedIn, a website, or publication – and the publication of that email is not accompanied by a statement that indicates they do not wish to receive unsolicited promotional messages – implied consent exists.
Timing is everything
When it comes to implied consent obtained through a product or service inquiry, the consent is only legitimate for 6 months from the date of the inquiry. When it comes to implied consent obtained via purchase, the time constraint is 2 years from date of last purchase.
Three tips to avoid a CASL calamity
- Keep consent records – and keep them up-to date. Remember, the responsibility lies with the sender to obtain consent. This means you also need to be able to prove it if things go south. Make sure you are on top of your mailing list when it comes to how and when you obtained consent. And keep it updated and current.
- Adjust Your Email Campaigns. Mass email campaigns don’t generate the same engagement and conversions as highly focused and hyper-personalized ones. CASL presents marketers the opportunity to head back to the drawing board to generate valuable and personalized content, which will ultimately net you more engagement and conversions in the long run!
- Turn Implied Consent into Express Consent. With only 6 months before implied consent runs out, it’s important to use that time wisely. Use the opportunity to convert them into subscribers – whether it’s to a newsletter, news feed, or blog.
CASL’s impact on email marketing campaigns cannot be ignored. Knowing the confines of the law will ease the apprehension, and provide for better email marketing practices that have proven to be more productive in today’s world.
Disclaimer: The information provided within this article is not intended as legal advice, and in no way constitutes legal advice. Any interpretations or recommendations provided within this document or based off the information provided within this document cannot be construed as providing legal advice. Always contact a licensed attorney for legal advice.
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Image credit: Pixabay
Portions of his article were published with permission in Graphic Arts Magazine.
