With Canada’s Anti-Spam Legislation entering into effect in two weeks, this blog series will focus on how to become and remain compliant. Once the law is in force, it will help to protect Canadians while ensuring that business can continue to compete in the global marketplace.
If you haven’t already determined if the law applies to your firm, it is critical to understand that CASL applies to any commercial electronic messages (CEMS) where a computer system located in Canada is used to send or access the electronic message. Here is a great infographic created by CakeMail to help you determine if CASL applies to your firm:
With the impact of CASL and the scope of its liability, it is crucial for firms who are impacted to have a strategy in place. Here are a few recommendations we suggest considering if you haven’t already:
- Review all existing communication practices internally
- Assess whether your communications are CEMs and whether they are subject to CASL
- Determine which entity in your organization should “own” the consents
- Take steps to collect necessary express consents in the next two weeks. This cannot be done after July 1, 2014 using CEMs
- Identify such communications where consents are not required but the informational requirements and formalities are still required
- Develop a database of your contacts that enables all consents to be tracked, retained and retrievable; and allows any waiver or variation of such consent to be readily tracked and implemented
- Maintain policies to ensure that CEMs are not sent where there is no consent or where implied consent has expired
- Create and maintain an easy-to-use and effective unsubscribe mechanism for the CEMs
- Ensure that all records of your compliance procedures and policies are maintained (as such documentation may support a due diligence defense at a later point in time)
To learn more about the key requirements of CASL and how to become and remain compliant check back for our latest post in the series.