The Canadian Anti-Spam Legislation will be enforced July 1, 2014. You may be thinking that your organization doesn’t send SPAM and so you will not be affected; however, this new legislation applies to any commercial electronic message (CEM) that would typically be considered regular electronic business communications as SPAM.
It is required under this legislation that organizations and individuals who send CEMs (email, text, voice or images of which would be reasonable to interpret has, as one of it’s purposes, to encourage the recipient to participate in commercial activity) must first obtain expressed consent by the recipient to do so. Corporations can face fines up to $10,000,000 and individuals $1,000,000 for continued sending of CEMs without record of obtaining the recipients expressed consent. It is also required that in addition to a record of the recipient to “opt in”, the sender must provide an unsubcribe or “opt out” mechanism with each message, as well as provide identification of the sender(s).
Many organizations are scrambling; sending email blasts to contacts in their contact lists requesting their consent before the July 1,2014 deadline, but what will they do after this date in order to stay in compliance?
If record of a business relationship exists between the recipient of CEMs and the sender-the consent is considered to be implied, and the sender is allowed a grace period of 3 years (until July 1, 2017) to obtain and record expressed consent, but there are still a few very important details to be aware of:
- Marketing to all new prospects by email after July 1, 2014 is a clear violation of the legislation
- If the contact has not become a client of the sender within 6 months, the implied consent is then invalid
- If the existing client is inactive from purchasing or subscription or account renewal in 2 years-the implied consent is also no longer valid
Now here’s the kicker………….
- In order for consent to be obtained orally (over the phone), it must be verified by an independent third party or involve an investment in call recording technology to be considered sufficient by CRTC.
This is where we can help. Parmac Relationship Marketing can obtain and record expressed consent on your behalf. We will obtain consent from prospects who are not yet clients as well as existing clients which fall under the implied consent category to ensure you have obtained the required expressed consent before the grace period ends or the implied consent becomes invalid.
Let Parmac Relationship Marketing handle your CASL compliance concerns so that you can maintain momentum and focus on the core of your business because helping other businesses is the core of ours.
Questions? Call us! 888-771-7622-toll free 905-404-8007 x206-local
Government links for more information:
Canada’s Anti-Spam Legislation
Canadian Radio-Television and Telecommunications Commission