Canada’s new Anti-Spam Legislation, also known as CASL, goes into effect July 1, 2014

1. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 1
Canada’s new Anti-Spam Legislation (CASL)
and How It Affects your Higher Ed Digital
Marketing

2. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 2
1) CASL
2) Some Questions
Overview
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

3. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 3
 Canada’s new Anti-Spam Legislation, also known as CASL,
goes into effect July 1, 2014.
 It invokes some pretty dramatic change in Canada's laws and has
been cited, as some the toughest anti-spam legislation in place in
the world today.
 Fundamentally it puts the onus on the digital marketer to have all of
their ducks in order, including consent from individuals on their lists,
clear identification of the source of electronics messages, to clarity in
messaging.
 Most colleges and universities use email extensively in the
recruitment process and all of that activity now falls under
the rules laid out by CASL. If you are a US college emailing
into Canada it also applies to you so you might want to read
up.
1. CASL
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

4. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 4
 What is the main purpose of the legislation?
 To stop spam email.
 When does it go into effect?
 The law goes into effect July 1, 2014.
 What are the main points of the legislation?
 The legislation requires that, BEFORE you communicate
electronically with an individual, you must have their permission to
send to them your institution’s commercial electronics messages
(CEMs).
 All CEMs must meet the Permission and Content requirements of
the legislation.
 CEMs include emails, newsletters, text messages, and direct
messaging on social media
 Mass emails clearly fall under the definition of CEMs but so do
individual emails sent from an admissions officer to a prospective
student.
2. Some Questions
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

5. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 5
 Who does this apply to?
 This applies to individuals and organizations, if you:
1) send out electronics messages from a computer in Canada or
2) send an electronic message to an individual who is at a computer in
Canada.
 There has been some discussions about whether higher ed
might be exempt from this legislation but at this time schools
clearly are not exempt.
 This also applies to US institutions, at least theoretically,
who email to prospective students in Canada, but the
question of enforcement remains to be seen.
2. Some Questions
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

6. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 6
 What are the “Permission Requirements”?
 Under the new regulations, you may communicate with an individual
if you have a previous business relationship with them or if they
provide you with consent.
 A “business relationship” gives you two years of consent from their
last attendance to your college.
 There are two specific types of consent, providing different degrees
of access.
 If an individual requested program information from your institution
you have implied consent to communicate with them for 6 months.
 You can gain express consent from the individual if they
subsequently opt into receiving commercial electronic messages
from your institution.
 The opt-in box and associated copy must meet the exact
specifications of the legislation (i.e. no pre-included check mark, etc)
and must clearly state that they are agreeing to receive your
“commercial messages”.
2. Some Questions
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

7. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 7
 Express consent does not expire, but can be revoked by an
individual, by unsubscribing from your organizations CEMs.
 The legislation requires that you must also maintain “proof” of
consent within a tracking system, but at this time it is rather unclear
as to exactly what standard this will be held to.
 What are the “Content Requirements”?
 There are two main content requirements that include:
1) a clear unsubscribe mechanism and unsubscribe link that will
remove someone from your list within 10 days and
2 ) clear identification of who is sending the email including your
name, address, phone number, and email and no false or
misleading subject lines.
2. Some Questions
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

8. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 8
 What is the 3 year transition period for?
 The transition period gives you three years to convert individuals on your
lists with implied consent to express consent.
 You will want to use this period to reach out to all of your valid contacts and
encourage them to opt into express consent for the future.
 If there are individuals for whom you have implied consent but have not
recently emailed it would be a good idea to get an email out to them before
the July 1, 2014 date to refresh you last contacted date, and qualify them for
the 3 year transition period, to give you that extra time to convert them to an
express consent contact.
 What are the penalties for CASL violations?
 There are monetary penalties of up to $1 million dollars for individuals, (this
could include your employees, managers, corporate officers and directors),
acting within the scope of their employment and up to $10 million dollars for
organizations for a CASL violation.
 Criminal charges may be laid for obstruction of a CASL investigation.
Effective July 1 2017, individuals or corporations affected by a CASL
contravention will have a right to pursue legal action against the offender.
2. Some Questions
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

9. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 9
 Who will oversee these regulations?
 These regulations will be overseen by three organizations;
1) The Canadian Radio-television and Telecommunications Authority (CRTC),
2) The Privacy Commissioner and
3) The Federal Competition Bureau.
 Additional resources:
 The Canadian Anti-spam Legislation Website - The government of
Canada’s CASL information website
 The CASL Survival Guide - an excellent overview, and preparation
guide for CASL, for marketers from Elite Email
 The CASL Resource Centre from Davis LLP – an excellent CASL
resource from leading Canadian lawfirm Davis LLP
 Canada’s Anti-Spam Law FAQ - Accounting firm Deloitte’s faq on
CASL
2. Some Questions
Source: Higher Education Marketing – Canada’s new Anti-Spam Legislation (CASL) and How It Affects your Higher Ed Digital Marketing

10. Canada’s new Anti-Spam Legislation (CASL) and How
It Affects your Higher Ed Digital Marketing
Slide 10
Questions?
1.514.312.3968
info@higher-education-marketing.com
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