In July 2014 the Canadian Anti-Spam Legislation (CASL) came into law and presented some unique challenges to businesses across Canada, The law has been reviewed by prominent Canadian lawyers like Barry Sookman as one of the broadest and most restrictive email marketing regulations in the world.
The new laws governing electronic marketing practices came into effect primarily with the aim of cutting down on the amount of spam email people receive and includes possible fines up to $10 million for companies and $1 million for individuals for email misuse.
The effect on Canadian businesses is pronounced. The Canadian Federation for Independent Business (CFIB), for example, projects the implementation of technologies to be in compliance with the law can cost businesses $30,000 to $50,000.
So what are the big questions and strategies to stay compliant? Here are some of our top tips:
Can we email potential customers?
You can, but only if they have you have their consent in one of the following ways:
- The prospect has requested information about your services, products, pricing or other inquiry that begins a business relationship. This falls under ‘implied consent’ and the prospect can receive marketing emails for six months following the initial inquiry, unless they opt-out during that time period.
- The contact explicitly opted-in prior to July 1, 2014 via the means explained in point 2 above and proof for this exists
- The prospect has explicitly opted-in by checking a box on a website form not related to pricing or services that clearly states “Yes! I want to receive future marketing emails” or similar explicit language.
- The contact’s email is publicly disclosed (i.e. found on the Internet or a business card)
When can’t we email potential customers?
If your prospect does not fulfill one of the conditions above, you can’t email them.
Also, all marketing emails are required to have an ‘unsubscribe’ option clearly available. This should connect to your CRM tool with prominent visibility that this contact cannot receive emails.
What if a partner gives us a list of contacts through a cross-marketing venture?
In order to use a third-party list, that company must clearly state on their website and/or marketing materials that the contact information provided on any forms will be shared with its partners and affiliates. If that form is the beginning of a business relationship with the third party, then it doesn’t not need an explicit opt-in. However, your company must be listed by name either on the form or another publicly available avenue as a partner or affiliate.
Without this disclosure, any contacts provided by third party are off limits.
Can my business email my existing customers?
Yes! You can message people for two years after they are no longer a customer unless they opt-out (unsubscribe). In that case don’t email them!
Want to learn more? Contact the Iceni team today!
