Preparing for the Canadian Anti-Spam Law (CASL)

Preparing for CASL Bonnie Malone Clea Moore Andre Leduc Shaun Brown May 28, 2014

 Andre  Leduc  Digital  Policy  Branch,  Industry  Canada  

Today’s Speakers

 Shaun  Brown  Partner  Nnova9on,  LLC  

 Clea  Moore  Receiver  Rela9onship  Manager,    Return  Path  

First a disclaimer…

“The information provided in this webinar cannot be considered legal advice, and is not legally binding.”

A Brief Overview of CASL

• Canada’s Anti-Spam Legislation –  Establishes rules for sending commercial electronic messages

(CEMs) –  Passed in 2010 –  Takes Effect July 1, 2014

What is CASL?

• Have clear consent before sending a CEM –  Must be Opt-In!

• Have an easy to find, functional Unsubscribe mechanism –  Make it easy for recipients to find

•  Include contact information –  Make sure it’s clear who is sending the message

How do senders comply with the law?

• Fines of up to $10 million for violations!

What is the penalty for being out of compliance?

• Canadian Radio-television and Telecommunications Commission (CRTC) –  They are responsible for imposing the monetary fines.

• The Competition Bureau of Canada • Office of the Privacy Commissioner of Canada

Who is responsible for enforcing it?

• To catch blatant offenders • Legitimate senders who are making every effort to comply are not the target of the law

What is the goal of the law?

On to Q&A…

What changed with the release of the regulations?

How does CASL apply to transactional messages?

What about newsletters?

How does CASL deal with 3rd party acquisition methods?

How do I know if the law applies to me?

How do I obtain express consent?

What is implied consent and when does it apply?

What if my business has multiple divisions?

How does the law define a “sender”?

How will the law be enforced?

How should senders prepare for enforcement?

• Checklist –  http://landing.returnpath.com/CASL-compliance-checklist •  Shaun Brown –  Legal counsel – http://www.nnovation.com

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