Canada’s Anti-Spam Legislation: Consent and Burden of Proof

So far in our series about Canada’s Anti-Spam Legislation (CASL) we have covered the basics and commercial electronic messages. In this post we will cover the different types of consent and the burden of proof.

Consent = Permission

There are two different types of consent that apply to CASL, express and implied. Express consent means an individual must take affirmative action to “opt-in” to your list willingly. Implied consent is when a relationship exists, but the recipient is added to your list without any affirmative action.

With both types of consent there a is “burden of proof” that is required. This means that it is your responsibility to track, record, and document the information necessary to prove that you have consent to be contacting that person. Best practices include ensuring that all records of your compliance procedures and policies are maintained, and that proof of consent is documented and tracked. This information may support a due diligence defense at a later point in time if your firm is ever called into question.

So let’s see this in action….

EXPRESS CONSENT

Jeff's Business Card

You collect someone’s business card and after meeting them send an email to confirm that you met them and they have requested more information or to be added to a list. This allows you to have the necessary information needed for the burden of proof.

Filled out form

 

Someone fills out a form on your website with the intent of being placed on your list. A confirmation email would then be sent which requires a recipient to click a link to confirm they wish to be placed on the list. When they click the link, the date/time and IP stamp should be recorded.

Phone

A person gives you their email address over the phone with the intent of being placed on your list. The same process of sending a confirmation email applies, but express consent could be proven if you recorded the conversation for each recipient.

IMPLIED CONSENT

Interest

If someone expresses interest in your business as part of the sales process or enters their email address on your website to download educational material, they are to be considered “prospects” and implied consent is given to send commercial electronic messages for a period of 6 months only.

 

 

 

 

Checkmark

If a recipient is added automatically or is required to un-check a box to opt-out during a process, this method is considered implied and not express consent under CASL. As a best practice this should be avoided anyways as it will typically generate a large volume of emails flagged as spam which negatively affects your reputation as a sender. In order for it to be express consent, a recipient must go through an opt-in mechanism, as opposed to opt-out. The end-user must take a positive action to indicate their consent.

Check back as our next post will cover the fine print of CASL and processes that can be used during the three-year transition period in case you are not going to meet the July 1st deadline!

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Which Hat Are You Wearing Today

We are excited to announce that Amber Elliott, our ContactEase Director of Implementations, will be speaking this week at the LMA-NE Annual Conference. Joining her will be Chris Fritsch, President and Business Development Consultant, Clients First Consulting to present the session Which Hat Are You Wearing Today: Balancing Marketing, Business Development and Client Services

HatsManaging the marketing for a firm is not what it used to be. The demand for proactive business development and better client services combined with ever-changing technology makes marketing a juggling act. With innovative relationship management you can move your firm forward. Join Amber and Chris to learn how to apply innovative ideas with the right mix of technology to gain profits, satisfy clients, and successfully market your firm. They will discuss trends, provide a high level overview of what firms are doing today to move their firm forward, and go through case studies to showcase how marketers are successfully wearing multiple hats.

The session is on Friday, November 22nd at 2:45PM. Learn more about the overall event by checking out the LMA NE Conference’s website and make sure to stop back on Friday for a recap and pictures from the session.

Which Hat Are You Wearing Today

Before defining your marketing role within a firm you must first understand what marketing is. Merriam Webster’s Dictionary defines “Marketing” as: the act or process of selling or purchasing in a market; or the process or technique of promoting, selling, and distributing a product or service. The definition is vague and includes every function possible within a firm (which is accurate in my opinion). The Urban Dictionary’s definitions are insulting, but probably more in line of how traditional firm members outside of marketing think of it.

When I originally thought of marketing, before I started my career, I thought of it as the traditional items – communications and branding. However, I have since learned that marketing is so much more. Marketing has evolved to include:

  • Client Services
  • Business Development
  • Event Management
  • Strategic Firm Planning

An individual’s role can really be shaped by their drive, expertise, ability to convey success, and by understanding and appreciating all aspects of marketing. In this blog series we will dive deeper into each of these different functions of marketing. Learn about each function and how to really showcase ROI to gain a seat at the table within your firm.