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I’m starting to get a lot of email from companies that haven’t asked permission to email me. I suspect that a few of the new sales prospect scraping technologies out there are supplying email addresses to aggressive sales and marketing teams. 
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From
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CASL distinguished between two types of consent:
For email marketers, the summer of 2017 brings two major changes:
Marteq's insight:
And, of course, keep excellent records.
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You can find more information on country-specific guidelines to brush up on documentation:
Marteq's insight:
CT for the details, and there are lots of details. Want to know about international email regulations? Start here.
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CASL is a law that was passed to help cut down spam messages sent and received, but it does pose a certain challenge for marketers trying to get their message to prospects. In compliance with the new law, many Canadian marketers are being forced to rethink their digital marketing strategy.
Marteq's insight:
CT for the details, but bear in mind rule #1 regarding CASL: DOUBLE OPT-IN...documented!
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Excerpt... 5. How should I obtain permission to email prospects protected by CASL? Under CASL, permission can be given verbally, electronically, or in writing. If a business faces complaints, they’ll be required to provide proof of permission. At minimum, it’s advisable to keep records of 1) how the prospect opted in, 2) when the prospect opted in, and 3) who opted the prospect in — so be sure to keep strong opt-in records to ensure you’re fully protected.
6. What if we have no documentation of how existing prospects opted in to our database? If you have no record of the three points above for existing prospects, you’ll need to send out a one-time permissions pass to your entire database, or have your sales reps expressly reach out to obtain permission. Either way, express permission must be obtained by July 1, 2014.
7. If I’ve obtained prospect data through a trade show, is that sufficient for CASL regulations? Yes, but keep in mind that you need to have a clear record of opt-in information. Best practices: include a checkbox on any trade show forms indicating that the prospect wishes to receive promotional emails, and send an opt-in confirmation at the end of the trade show to double check.
8. Would filling out a “Request for Information” form count as an opt in, or does a checkbox also have to exist? No checkbox is required, but the form must explicitly inform the client that they are requesting promotional emails and can unsubscribe at any time. Best practice: let prospects know what types of emails they’re signing up for (newsletters, product announcements, etc.), as well as how often they can expect to receive them.
9. Can pre-checked opt-in boxes, unchecked opt-out boxes, or something similar be considered sufficient for obtaining permission? No; inaction on behalf of the prospect (or what’s referred to as “passive opt-in”) will not count as express consent. The prospect must take a positive action (checking the box) in order to indicate they are providing explicit consent.
10. Is there a grace period for coming into compliance with the new regulations? Well…sort of. For “pre-existing business relationships,” there’s a three-year transitional period during which consent is implied. However, these are defined as relationships in which the prospect has already paid for the product or service that’s being offered—so prospects that you haven’t yet done business with are not included.
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Marteq's insight:
You have to jump on this now. In the interim, until you have all DB records documented, you'll want to put a moratorium on all CA mailings.
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![How Canada's Anti-Spam Law Will Affect Email Marketers [Infographic] - Profs | The MarTech Digest | Scoop.it](https://img.scoop.it/hr_OewvJLvL86_fSiyvaq_L6dadsvGA8m9WNoVsbzkY=)
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Marteq's insight:
CASL is restrictive, and will impact all aspects of any marketing operations. The key: a 36 month transition period.
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CASL Canada Anti-Spam Legislation comes into force July 1st 2014 this blog post looks what B2B marketers need to do and ideas on how to prepare. Intermediate/ Excerpt... The challenge for B2B marketers is how to be CASL compliant while generating equal or better marketing results. In the long run, CASL Canada Anti-Spam Legislation should benefit B2B marketers by reducing the amount of spam clutter in prospect email inboxes. But you will need to have several management and marketing programs in place to be compliant and successful: -- > The use and configuration of a marketing automation system to track the date of inquires, opt-in, purchases or contracts and emails -- > The use of explicit opt-in on your forms. The request for consent must clearly set out the purposes for which it is being requested and who the business is. -- > Updating your email templates to be CASL compliant including unsubscribe links, mailing address and an email address or phone number to contact your organization -- > Additional inbound lead generation and prospect opt-in programs to compensate for email blast programs -- > Opt-in campaigns to secure explicit opt-in before CASL is in force (July 1, 2014) -- > Records of your compliance procedures and policies as they may support a due diligence defense in the future
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Marteq's insight:
Another heads-up. You probably have a few more weeks before you have to start cleaning up your database. In the interim, you'll want to adjust your forms to be in accordance with CASL. DON'T TAKE THIS LIGHTLY!
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Marteq's insight:
And I'll keep hounding you about this: watch out for the mid-year rollout of Canada's CASL: it's enough to make you stop email marketing into Canada!
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Marteq's insight:
You have to take CASL very seriously. I strongly recommend you start updating your DBs with the appropriate information for your Canadian prospects and contacts. The fines are draconian! I've given you the heads-up in previous entries, and will continue to do so!
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Canada’s Anti-Spam Law (CASL) goes into force on July 2, 2014, putting the marketing industry on notice that Canada is serious about driving out spammers. Basic/ Digest... The hammer fell on Wednesday, December 4th: Canada’s Anti-Spam Law (CASL) regulations were officially published, putting the marketing industry on notice that Canada means business when it comes to driving out spammers, phishers, and identity thieves.
CASL applies to any commercial electronic message sent from or accessed by a computer system in Canada.
Meaning even if your intended recipient doesn’t reside in the Great White North, if he or she opens your communication while in Canada, CASL applies. Effectively this puts the onus on marketers to be cognizant of where (geographically) recipients are opening electronic messages.
Consent:
Unsubscribing:
Key dates
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Marteq's insight:
Haven't had a significant amount of time to absorb this, but a recommended course of action for my clients: 1) Reach out to the current prospect/contract database of Canadians and confirm their participation. Save the response. 2) Add a check here if you are Canadian or you visit Canada on a regular basis to all forms. 3) Remove any Canadians from any third party lists.
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Be very aware of GDPR.
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