CASL Applying Consent Webinar 10 25-2017
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This document discusses the 5 types of consent that can be used under Canada's Anti-Spam Legislation (CASL) and provides guidance on obtaining and documenting each type of consent. It outlines the 5 types as: 1) express consent, 2) implied consent from an existing business relationship, 3) implied consent from an existing non-business relationship, 4) implied consent if the email is conspicuously published, and 5) consent from a personal relationship. It provides details on the requirements and limitations for each type of consent.
CASL Applying Consent Webinar 10 25-2017
- 1. Applying the 5 Types of Consent Under CASL OCTOBER 25, 2017
- 2. Derek A. Lackey 2 Author of CASL Compliance: A Marketers Guide to Email Marketing to Canadians. http://www.caslcompliant.ca/about Public Speaker, Privacy & Data Compliance President, Direct Marketing Association of Canada http://www.directmac.org/dmac-board/derek-lackey Strategic Partner - Alliance For Audited Media https://auditedmedia.com/news/aam-announces-new-casl-compliance-program
- 3. USA EUROPE CANADA CASL & PIPEDA GDPR PECR CAN- SPAM The more we use data for marketing; the more regulations we must deal with.
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- 5. Two Options To Manage CASL 5 The STAY OUT OF TROUBLE program Prove consent for EVERY individual Send all emails with prescribed info Include a working unsubscribe The GET OUT OF TROUBLE program Appoint a Chief Compliance Officer Design processes & practices to comply Create an Electronic Messaging Policies & Procedures Manual Include your consumer complaint process Include your internal discipline process Train your staff
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- 8. The 5 Stages of CASL Compliance: Pre-Assessment 8 Start with a comprehensive examination of your organizations existing electronic messaging programs
- 9. The 5 Stages of CASL Compliance: Design 9 Using as many of your current practices as possible, we design your compliant processes
- 10. The 5 Stages of CASL Compliance: Document 10 Document your entire organizations email/SMS policies and practices in your Electronic Messaging Policies & Procedures Manual
- 11. The 5 Stages of CASL Compliance: Track 11 Consent must be tracked so you can prove it. Changes in real-time data need new technologies to help track changes
- 12. The 5 Stages of CASL Compliance: Train 12 Your staff must be trained in your electronic messaging practices. They must understand their role in compliance.
- 13. Every company and industry is different. CASL allows you to select the types of consent for your compliance program. EXPRESS is obviously best, but we have seen brands choose IMPLIED Consent: Existing Business Relationship, and only email existing customers. Make your choices based on what works for your organization. Choosing Consent 13
- 14. The 5 Types of CASL Consent 14 1.EXPRESS consent 2.IMPLIED consent: Existing Business Relationship 3.IMPLIED consent: Existing Non-Business Relationship 4.IMPLIED consent: Conspicuously Published / Referred 5.PERSONAL relationship consent
- 15. The 5 Types of Consent 15 1. EXPRESS consent People who take a positive action to willingly and clearly sign up to receive emails. Consent is valid for life or until they unsubscribe. Sender must prove date & time stamp and IP address
- 16. What to include in your opt-in language: 16 1.Company name and mailing address 2.Description of the messages you intend to send 3.Contact name and two ways to reach that person 4.State, You can unsubscribe at any time.
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- 19. The 5 Types of Consent 19 2. IMPLIED Consent: Existing Business Relationship Existing business relationships such as customer or near customers (those you have sent a proposal to). Consent is valid for two years. Light touch - consent is valid for six months. Expression of interest, white paper sign ups, webinar registrants, all equal light touch.
- 20. Website Forms 20 Sign up for a webinar The fields a recipient completes registers them for the webinar. You cannot assume email consent from this action. Sign up for our email list Using a separate unchecked check box within close proximity to the SUBMIT button, you must use the proper language (see previous slide). The consumer must take a positive action to prove they willingly opted in to your email list. If your form has multiple uses, create two separate transactions and add an unchecked check box.
- 21. The 5 Types of Consent 21 3. IMPLIED Consent: Existing Non-Business Relationship Existing non-business relationships such as members, donors or volunteers. Consent is valid for two years. Light touch - consent is valid for six months Expression of interest, white paper sign ups, webinar registrants, all equal light touch.
- 22. The 5 Types of Consent 22 4. IMPLIED Consent: Conspicuously Published / Referred aka the B2B Clause You must prove: You know their current role They publicly displayed their email address without restrictions Your messages are relevant to their role
- 23. Recordkeeping 23 Take new screen grabs every two years to ensure they are in the same role and their email is still on public display. If you are referred you can email the person once ensuring that you identify the referrer, including their contact info. The purpose of the first email is to clearly request willing consent. Then you are free to email at will - always with an unsubscribe. Store the proof.
- 24. The 5 Types of Consent 24 5. PERSONAL Relationship You must prove: You know the person, on a face-to-face basis (no social media friends) There is a two-way communication relationship now and in the past Few of us send grandma or cousins commercial electronic emails.
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- 26. Summary 26 Email Best Practices = CASL: Ask permission to send promotional offers and info. Always allow them to unsubscribe. Be transparent - always be clear who you are. Only send relevant messages - they will unsubscribe. Do not bombard them - they will unsubscribe.
- 27. Questions?
- 28. Learn more angie.sanna@auditedmedia.com dlackey@newportthomson.com Visit auditedmedia.com