Ok, so not the most exciting post we could end the week on — but for email marketers, crucial information.
You’ve probably heard of the Canadian Anti Spam Law by now, but are you familiar with its specific terms and the impact that it will have on your business? Let’s take a look at the answers to some basic questions:
1. What is the Canadian Anti Spam Law (CASL)?
In laymen’s terms? A law to protect Canadians from getting a bunch of spam in their inboxes — and it outlines the consequences for businesses and individuals that step outside the lines as well.
2. Who’s affected?
CASL applies to anyone sending email to Canadians or organizations located in Canada, or anyone sending email using computer facilities located in Canada. Sound like you? Read on!
3. When does it go into effect?
The law comes into effect July 1, 2014 — but that doesn’t mean you should sit back and wait. This is the date that compliance with legislation will be mandatory, but your email marketing processes should be reviewed (and changed if necessary) before this date.
4. How is CASL different from the US’s CAN-SPAM regulations?
The primary difference between CASL and CAN-SPAM is that CAN-SPAM does not explicitly require documented permission from recipients of a mass email prior to sending, but CASL does.
5. How should I obtain permission to email prospects protected by CASL?
Under CASL, permission can be given verbally, electronically, or in writing. If a business faces complaints, they’ll be required to provide proof of permission. At minimum, it’s advisable to keep records of 1) how the prospect opted in, 2) when the prospect opted in, and 3) who opted the prospect in — so be sure to keep strong opt-in records to ensure you’re fully protected.
6. What if we have no documentation of how existing prospects opted in to our database?
If you have no record of the three points above for existing prospects, you’ll need to send out a one-time permissions pass to your entire database, or have your sales reps expressly reach out to obtain permission. Either way, express permission must be obtained by July 1, 2014.
7. If I’ve obtained prospect data through a trade show, is that sufficient for CASL regulations?
Yes, but keep in mind that you need to have a clear record of opt-in information. Best practices: include a checkbox on any trade show forms indicating that the prospect wishes to receive promotional emails, and send an opt-in confirmation at the end of the trade show to double check.
8. Would filling out a “Request for Information” form count as an opt in, or does a checkbox also have to exist?
No checkbox is required, but the form must explicitly inform the client that they are requesting promotional emails and can unsubscribe at any time. Best practice: let prospects know what types of emails they’re signing up for (newsletters, product announcements, etc.), as well as how often they can expect to receive them.
9. Can pre-checked opt-in boxes, unchecked opt-out boxes, or something similar be considered sufficient for obtaining permission?
No; inaction on behalf of the prospect (or what’s referred to as “passive opt-in”) will not count as express consent. The prospect must take a positive action (checking the box) in order to indicate they are providing explicit consent.
10. Is there a grace period for coming into compliance with the new regulations?
Well…sort of. For “pre-existing business relationships,” there’s a three-year transitional period during which consent is implied. However, these are defined as relationships in which the prospect has already paid for the product or service that’s being offered—so prospects that you haven’t yet done business with are not included.
11. What does CASL mean for Pardot users?
Good news for Pardot users! CASL is no more stringent than our Permission Based Marketing Policy, so if you’ve been following the rules, you’re in the clear. However, keep in mind that where our policy has only strongly encouraged documentation of opt-ins, CASL will require it.
12. Where can I find more information?
A few good resources to bookmark:
- Full text of CASL
- Concise, helpful overview of what’s required
- Fast facts
One last thought to leave you with: you’re not doing yourself (or anyone else) any favors by sending emails to people who don’t want to receive them. Best case scenario, they cause mild annoyance and are immediately deleted; worst case, they’re reported as spam and your company’s online reputation is compromised. So go beyond basic requirements and take every precaution to make sure you’re reaching the people who actually want to hear from you — and protecting yourself by preventing spam complaints from the people who don’t.
Looking for more email best practices? Download our Complete Guide to B2B Email Marketing for worksheets, tips, and best practices — and share your own ideas in our comments section.
