Companion CASL Readiness Toolkit now available for download at: http://ow.ly/vUbqD When Canada's anti-spam law comes into force on July 1st, 2014, it will dramatically change how businesses can communicate with customers and prospects. Find out what you need to know, and what you should be doing right now to make sure your company is prepared.

1. Stop
Spam
Implica(ons
of
CASL

2. Housekeeping
A
marketer
not
a
lawyer.
Intended
as
a
base
of
informa(on,
not
legal
advice.
Twi?er
hashtags:
#CASL,
#KINETIXMEDIA

3. How
did
we
get
here?
A
brief
legal
history
–
CANSPAM,
PIPEDA,
PIPA,
ECPA,
&
others.

4. Heavy
Penal9es
and
Broad
Liability
For
corpora(ons
&
the
officers
and
directors
of
those
companes.

5. Worst
Case:
You
send
10,000
messages
to
a
list.
50
people
on
that
list
file
spam
complaints.
In
the
worst
of
all
scenarios:
u your
business
pays
$10,000,000
u your
CEO
&
each
officer
pays
$1,000,000
u your
agency
pays
$10,000,000
u your
agency’s
owner
pays
$1,000,000
u you
are
sued
privately
for
an
addi(onal
$10,000
u You
are
assessed
addi(onal
fines
by
the
Privacy
Commissioner

6. I
tried
my
best.
The
due
diligence
defence.

7. What’s
Covered?
All
kinds
of
electronic
messages,
sent
from
any
loca(on
in
the
world,
to
a
Canadian
electronic
address
or
to
a
person
who
is
in
Canada.
CASL
is
an
opt-­‐in
law
–
that
means
that
you
must
have
either
EXPLICIT
or
IMPLICIT
consent
to
send
a
message
that
qualifies
as
a
CEM.

8. Excep9ons
Some
groups
are
exempt
from
CASL
u Chari(es
are
explicitly
excluded
from
mee(ng
CASL
requirements
when
they
are
seeking
dona(ons.
u Poli(cal
par(es
are
also
explicitly
excluded
from
mee(ng
CASL
when
they
are
solici(ng
contribu(ons.

9. Excep9ons
CEMs
are
not
covered
under
CASL
when:
u The
CEM
is
sent
between
individuals
within
a
business
and
relates
to
the
work
of
the
business
and
the
roles
of
the
individuals.
u You
have
an
exis(ng
family
or
personal
rela(onship
(as
defined
by
the
regula(ons).
u Between
employees
of
two
companies
that
are
doing
business
together
and
the
email
relates
to
their
roles
and
the
business
at
hand.
u You
are
responding
to
an
inquiry.
u The
CEM
is
legally
required
(no(ces
of
AGM
for
example).
u The
CEM
is
transac(onal
(a
receipt)
and
is
sent
exclusively
for
the
transac3onal
purpose.
u The
message
is
sent
within
a
closed
system
where
messages
can
only
be
sent
by
the
person
providing
the
account
to
the
recipient.
u The
message
is
sent
to
an
interna(onal
address
that
is
exempted
and
the
message
meets
the
requirements
in
the
recipient’s
loca(on.

10. Do
I
Always
Need
Consent?
There
are
situa(ons
where
consent
is
not
required.
They
are:
u
To
provide
a
quote
or
es(mate
that
has
been
requested
by
the
recipient.
u
To
make
an
inquiry
about
a
product
or
service.
u
To
complete
an
exis(ng
transac(on.
u
To
provide
warranty,
recall
or
safety
info.
u
To
provide
factual
informa(on
about
a
product
or
service
(i.e.
privacy
policy
update)
If
a
CEM
is
sent
for
any
other
reason
than
those
listed
above,
you
need
consent.

11. Express
Consent
Opt-­‐in
form,
requires
deliberate
ac(on.

12. Implied
Consent
When
consent
is
taken
as
a
given
part
of
the
rela(onship.

13. 3rd
Party
Referral
Referral
Marke(ng
is
used
worldwide
to
help
businesses
grow
databases
and
compete
in
a
global
market.

14. 3rd
Party
Referral
“One
Ping,
and
One
Ping
Only”

15. Consent
has
a
“Best
Before”
Date
Typically
two
years
from
the
date
of
the
last
ac(on
qualifying
the
contact
as
having
given
‘express’
consent.
6
Months
if
an
inquiry
is
made
without
transac(on
being
completed.

16. You
must
iden9fy
yourself
Either
within
the
message
itself
or,
where
that
isn’t
reasonable,
using
a
clearly
prominent
link
to
a
web
page
containing
the
iden(fying
informa(on.
Your
Company
Name
Your
Mailing
Address
Your
Website
OR
Email
OR
Phone

17. You
must
honor
unsubscribe
requests
You
have
10
business
days
to
remove
someone
from
your
mailing
list
once
requested.
Acceptable
opt-­‐out
methods
vary
based
on
type
of
CEM
(SMS,
email,
etc)

18. Permission
under
PIPEDA
is
NOT
grandfathered.
You
will
need
to
cleanse
your
list
within
three
years
of
any
names
that
do
not
meet
CASL
permission
guidelines.

19. CASL
vs.
CAN
SPAm
CASL
u Includes
all
conceivable
types
of
electronic
message
u Opt-­‐in
law
u Consent
does
NOT
exist
un(l
given
u $10
MILLION
fines
u Global
Reach
u Directors/officers
liable
for
ac(ons
of
employees
u Address
harves(ng
illegal
CAN
SPAM
u Focuses
on
elimina(ng
spam
in
emails
u Opt-­‐out
law
u Consent
exists
un(l
withdrawn
u $16,000
fines
u US
focus
u Directors/officers
not
personally
liable
u Address
harves(ng
illegal

20. This
slide
reprinted
with
permission
of
Dentons.
It
is
provided
for
informa(on
only
and
does
not
cons(tute
legal
advice.
Please
consult
a
lawyer
for
informa(on
specific
to
your
situa(on.
For
more
informa(on:
h?p://www.dentons.com/en/issues-­‐and-­‐opportuni(es/an(-­‐spam-­‐legisla(on.aspx

21. Ac9on
Steps
for
Business
Leaders
u Take
an
inventory
of
all
the
ways
your
business
communicates
electronically.
u Determine
which
types
of
communica(on
will
fall
under
CASL.
Include
sales
prospec(ng.
u Review
how
you
collect
user
data
and
store
permission
informa(on.
Make
sure
it
complies
with
CASL.
u Talk
to
your
partners
–
third
party
list
rental
companies
for
example.
u Review
your
unsubscribe
processes
and
tools.
u Review
all
of
your
opt-­‐in
forms
and
lead
capture
forms.
u Review
all
of
our
email
templates.
u Review
your
privacy
policy.
u Develop
a
compliance
project
(meline
to
adapt
your
current
systems.
u Establish
policies
and
guidelines
for
your
staff,
and
ensure
all
staff
are
aware
and
trained
on
the
guidelines.
u Bring
in
outside
help:
§ Your
law
firm
§ Digital
marke(ng
specialists

22. Food
For
Thought
How
do
you
communicate
with
your
communi(es
today?
Will
that
s(ll
be
legal
when
CASL
comes
into
force?
Do
your
exis(ng
permission
prac(ses
meet
the
standards
of
CASL?

23. Thank
You
If
you’d
like
to
con(nue
the
conversa(on:
www.kine9xmedia.com
@Kine(xMedia
www.facebook.com/Kine(xMedia
Kine(x
Media
on
Google+
h?p://www.youtube.com/user/kine(xmedia
h?p://www.linkedin.com/company/kine(x-­‐media-­‐
communica(ons-­‐ltd