Bill c CASL Effects of the Canadian Anti-Spam Legislation (CASL) at Skate Canada

The Legislation An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23).

Law Timeline -December 2010 – Law passed by government, -July 2014 – Law enters into force, -January 2015 – Computer Application provisions -July 2017 – Private right of action becomes possible AND implied consent expiration provision comes into effect.

Why CASL? Goal is to help protect Canadians while ensuring that businesses can continue to compete in the global marketplace. Generally it will prohibit: -Sending of commercial messages without consent, -Use of false or misleading representations online in the promotion of products or services; - address harvesting (computer programs collecting publicly-available addresses en masse). Taken From: | Industry Canadahttp://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html

Agenda 1.Defining Commercial Electronic Messages; 2.Requirements around consent; 3.Managing / updating consent; 4.Required message elements; 5. campaign tools; 6.Personal record-keeping; 7.Group Activity; 8.Questions and next steps.

Commercial Electronic Messages (CEM’s) Any electronic communication “of a commercial nature.” -Skate Canada’s standard on this interpretation is that all s containing business marks (logo, address, etc.) should be considered commercial. -Includes social media channels (Direct replies, Facebook Messages, etc.)

Consent Consent must be obtained in some form prior to sending of any except in the following circumstances (shortened, not exhaustive): -Subscription or membership info; -Sent per a referral (one CEM only); -Providing quote or estimate in response; -Message to a friend or family; -CEM’s between employees of the same organization; -Sent to a recipient in a foreign state; -Sent per legal right; -Fundraising appeals; -Internal messages (if M/O allowed secure messages).

Express Consent Express consent means that the recipient has explicitly consented to receive mailing, and has been provided with enough information to understand the type of mailings they will receive. -Cannot be solicited after June 30, 2014; -Cannot be pre-checked (must be opt-in); -Cannot be bundled with any other agreement (terms of use, membership policy, safety policy, etc.).

Implied Consent Associations are able to rely on implied consent in a number of cases including membership, or in any of these cases: -Recipient has purchased from sender in last 2 years; -Recipient made a donation to sender in last 2 years; -Recipient has volunteered with the sending association in the past 2 years; -Recipient is or was a member of the sending association within the past 2 years; -Recipient has conspicuously published address without posting a disclaimer that he/she does not wish to receive commercial electronic messages.

Required Message Contents -Identity of the Sender; -Identity of the 3 rd party (campaign platform, mailing list provider, etc.); -Contact information including: -Mailing address, -Website address, - address, -Telephone number. -Link to unsubscribe mechanism (including on mailings not requiring consent / transactional s); -Link to the Skate Canada Privacy Policy / Privacy statement.

Using a campaigner campaign platforms offer an advantage by: -Supplying self-service subscription mechanism (including unsubscribe mechanism), -Serving as a system of record for consent and subscription preferences, -Automatically adheres to unsubscriptions.

Some campaigner options Mailchimp -Free < 2k subscribers/12k per month - Some club management software vendors build in subscription tracking in functionality. ConstantContact, Nation Builder, Informz, GetResponse, etc.

Maintaining your own contact records When managing personal (business-related) contacts, ensure you begin capturing the following information. It allows you to take advantage of time-based implied consent provisions. -When the contact information was received, -How it was received, -Whether or not you have already contacted any referrals/leads/cards (follow-up is not allowed).

Questions?

Group Activity – 10 mins At each table you will find a small slip of paper that describes an or campaign your group is responsible for sending. Together with your colleagues, map out the steps you should take to ensure that Skate Canada has a record of adequate consent prior to the sending of this message. You should also decide if we indeed have the necessary information to prove our compliance in each case.

Group Activity – Presentations – 20 mins Each group should now share their individual scenarios, and the approach taken to executing the campaign.

Next Steps -Examine your own contact lists, and ensure that you update your contacts maintenance processes to capture relevant details. -Explore implementation of an campaign tool. -Use the following tool (online decision tree) to check each step of compliance when preparing your next e- mail campaign.

Questions? Skate Canada is happy to answer questions about the content of this presentation, policies we have implemented, and potential technology solutions to aid your club/school/section in CASL compliance. For support on CASL questions: