Let the Canadian Anti-Spam Law Bring Out Creativity in Your Business!
On July 1st 2014, Canada’s anti-spam legislation (CASL) will take flight. This law will help protect Canadians from receiving unsolicited or misleading commercial electronic messages (CEM). But what does this law mean for business owners? If you’re selling your products or services through commercial emails, you must ensure you have proof of consent from the people on your mailing list.
While this may seem inconvenient, it allows you to become more creative and inventive with new ways to grab your customer’s attention and make them want to hear more about what you’re offering without feeling like they’re reading a spam email.
Here’s a few of the provisions to help you comply with the new law:
There are implementation dates for the provisions. The Canadian government will implement CASL in the following stages:
Businesses and consumers can report CEM’s that violate the law to the following government agencies:
An email would be considered “commercial” if it encourages participation in a “commercial activity” regardless of the profit expectations. Commercial activities would include advertising your product, services, or persons offering your sales, and even in some cases, forms of charity. This law does not apply solely to emails! This law includes email accounts, instant messaging accounts, telephone accounts and any other accounts which could be perceived as similar.
There are instances where messages will be exempt, for example, if a message is sent in response to related inquiries or complaints. Other exemptions include:
There is also a new exemption for messages sent via messaging services: if the information of sender and unsubscribe mechanism are present on user interface. Also, if a CEM is sent to satisfy a legal obligation or to enforce or provide notice of legal right, it is exempt.
These new prohibitions allow you to have valid express consent, instead of having to rely on implied consent, giving you a better idea of those who are genuinely interested in your services or products. The CASL will provide a three year window for a “transition period” in cases where you have an “existing business relationship” or “existing non-business relationship” with the recipient.
To learn more about the new Canadian Anti-Spam law, give us a call at (403) 984-9001 or (780) 800-0644 or send us an email at email@example.com. NSI can provide an overview of the prohibitions and help you comply with the CASL.
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