So You know about Canada's Anti-Spam Laws? As they relate to Email for Business?

CANADA’S NEW
ANTI-SPAM LAW [CASL]
Effective as of July 1 2014
©2014 TROOL Social Media All Rights reserved.

CASL
The toughest
anti-spam law
in the world
Effective
July 1 2014

CANADA’S ANTI-SPAM LAW (CASL)
First drafted December 2010
WHY? to keep unsolicited, unwanted
commercial electronic messages (CEM)out
of Canadians’ in-boxes, while still permitting
businesses, and consumers, to maintain mutually
beneficial relationships

CANADA’S NEW ANTI-SPAM LAWS
PROHIBIT THE FOLLOWING:
1. Spamming – the sending of unsolicited
commercial electronic messages (“CEMs”)
whether in the form of e-mail, text messages,
social media or other means of
telecommunication (section 6)
2. Hacking – the unauthorized altering of
transmission data (section 7)

3. Malware – the installation of computer programs
without consent that result in phishing4,
pharming5 and/or spyware6 (section 8)
4. Fraud – the making of deceptive representations
online, including representations on websites
and in
CEM addresses (section 75)

5. Harvesting – the use of computer systems to
collect electronic addresses without consent
(section 82(2))
6. Privacy invasions – the unauthorized access to a
computer system to collect personal information
without consent
(section 82(3))

You MUST obtain express or implied consent from
recipients before sending messages
You cannot install any computer programs on another
person's computer system without express consent
You cannot make false or misleading electronic
representations to promote products, services or business
interests; and
•
& YOU

CANADA’S NEW
ANTI-SPAM LAWS
You cannot collect electronic addresses
without authorization
Collection of personal information by accessing a
computer system is in contravention of an
Act of Parliament.

FINES & PENALTIES
The fines for breaking this law are steep...
One of the most stringent laws of its kind in the
world with fines of up to $10 million
Businesses that don’t comply risk serious penalties,
including criminal and civil
charges, or personal liability for company officers
and directors

THE RIGHT TO COMMENCE PRIVATE ACTION
Starting July 1, 2017, CASL will give persons affected
by a contravention of CASL the right to commence a
private action.
In such an action, the court may award damages for
actual loss proven and may award a separate
monetary sum per contravention (i.e., a $200 per
contravention up to a maximum of $1 million for
each day
on which the contravention occurred)

THE MOST IMPORTANT FACT
Sending any unsolicited email* from a
commercial source like your business
email address will be illegal, even if it’s
NOT about doing business
*Networking can be affected

WHY? NEW ANTI-SPAM LAWS IN CANADA
The purpose of these laws is to reduce spam
The intent is to reduce malware, viruses
and unsolicited porn
Sadly, Canada is one of the last
countries to put legislation into effect
©2014 TROOL Social Media All Rights Reserved.

1. EXISTING CONTACTS AND LISTS
Existing distribution list or newsletter:
In your next email distribution –
Add an unsubscribe option notice
(can be small print at bottom )
This will cover your existing list*

2. OPT IN IS REQUIRED
•As of July 1 2014
ANY UNSOLICITED EMAIL is defined as Spam
•Spam includes any commercial email
as in sent from a commercial source
(so anyone in business)
sent without the EXPRESS consent
of the recipient.

3. NEWSLETTER
MUST HAVE UNSUBSCRIBE FUNCTION
It can be small print at the bottom
It can be as simple as a line that says
‘to unsubscribe send a reply with
a note to unsubscribe.’
Remember: unsubscribe must be processed
within ten business days.

PART 1 THE UNSUBSCRIBE MECHANISM MUST:
• Be respected within 10 business days of it being
sent by the recipient
• Be at no cost to the recipient
• Remain functional for 60 days after the message is
sent
• Enable the recipient to indicate the wish to
no longer receive any CEMs, or any
specific class of CEMs, from the sender

PART 2 THE UNSUBSCRIBE MECHANISM MUST:
• Be sent by using the same electronic means by
which the CEM was sent, or if not
practicable, another electronic method, and
• Specify an electronic address or link to a webpage
that can be accessed through a web browser to
which the unsubscribe indication may be sent

2. You can reply.
4. YOU CAN REPLY
If someone sends you an email, it’s okay to
reply to them in a timely manner
If you get a referral, you are required to specify
the FULL NAME or common use name of the
party who made the referral in your email

SUMMARY RE: EMAIL CHANGES
ANTI-SPAM LAWS JULY 1 2014
1. To make your existing contacts and lists
legal add an opt in note at bottom
2. Newsletters require an opt in (consent)
3. Newsletters require an unsubscribe
4. You can reply to emails received
©2014 TROOL Social Media All Rights Reserved.

3 SIMPLE RULES WHEN SENDING CEMS:
Consent You must have expressed or implied
consent to send a message.
Identification You must clearly and simply identify
yourselves and anyone else on whose behalf the
message is sent.
Unsubscribe In every message you send, you must
provide a way for recipients to unsubscribe from
receiving messages
in the future.

WHAT ABOUT YOUR SAFETY?
Do you know what to look for in an email?
Do you know what’s a possible threat?

BE CAUTIOUS IF YOU SEE ANY OF THESE IN
THE ELECTRONIC MESSAGES YOU RECEIVE:
• Asks for sensitive information:
Banks and other legitimate companies will never ask for
personal or financial information in an electronic message
• Impersonates a company or a person you know:
Many criminals try to fake the appearance of
well-known companies or people you deal with frequently.
Look for the warning signs in this list,
even from senders you think you recognize

BE CAUTIOUS IF YOU SEE ANY OF THESE IN
THE ELECTRONIC MESSAGES YOU RECEIVE:
• Uses scare tactics:
They may threaten to delete your account if you do
not respond
• Asks for money in advance:
Do not send money to anyone you do not
know and trust
• Seems too good to be true:
Beware of messages offering unexpected cash
gifts and prizes such as, "You've won a trip!"

HOW DO YOU PROTECT YOURSELF
Your business or organization’s computer(s) and
network from spam and other electronic threats
Do you need:
A. Anti-spam software
B. Anti-virus software
C. Firewall protection
D.You need All of them!

THANK YOU
Elaine Lindsay
TROOL Social Media
http://TROOLSocial.com/
troolsocial@gmail.com

So You know about Canada's Anti-Spam Laws? As they relate to Email for Business?

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