Since Canada’s Anti-Spam Law (CASL) was enacted in 2014, we have known that there would be big changes to the law over the planned three-year rollout. The final phase of that rollout, which is just days away on July 1, 2017, was intended to include two significant changes to the law: the grace period for opt-in lists ends and private right of action takes effect.
The Canadian government has recently changed course and announced that the private right of action provision will be suspended indefinitely while the government reviews the legislation. This provision would have allowed individuals and organizations to file lawsuits against those who violated CASL.
This new development means that now only the opt-in provision will go into effect on July 1, 2017. After that date, if you don’t know the source, circumstances and language used to obtain opt-in from an individual, you will want to refrain from sending commercial electronic messages (CEMs) to that person or run the risk of violating the law. CASL requires businesses to be able to show where, when and how consent for being contacted via commercial electronic messages was obtained for every individual that receives CEMs from that organization.
ClickDimensions’ email marketing and marketing automation tools can help you keep your organization compliant with CASL through:
Use ClickDimensions forms to collect consent when a recipient joins your mailing list or requests your emails. Our form builder contains a variety of different form fields, so you could include a checkbox, radio button or text field to capture the recipient’s information and their express consent. The date and time the recipient gives consent is captured with the posted form, helping to prove compliance if needed.
Using the ClickDimensions drag and drop editor, you can easily create email templates that include your contact information in the header or footer. Dynamic content can automatically add the sender’s contact information into the message.
ClickDimensions’ subscription management tools allow recipients to choose which emails they would like to receive from you by letting them opt in or out of your lists. The subscription management page will show the recipient their current email preferences and allow them to change them, including unsubscribing to all emails. Links to the subscription management page can be included in your email templates.
To learn more, see our white paper on Canada’s Anti-Spam Law.
Please note: Information contained in this article should not be considered legal advice; it is for informational purposes only. We assembled this content to educate marketers and better assist them in their efforts. Consult your compliance department or legal counsel for specific guidance.