PREPARING FOR CASLJUNE 27, 2014

A Checklist for Email Marketers

This document is provided for informational purposes and is not intended as legal advice.

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This document is provided for informational purposes and is not intended as legal advice.

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TODAY’S PRESENTER

Kara Trivunovic,VP Strategic Services, BlueHornet@ktrivunovic

This document is provided for informational purposes and is not intended as legal advice.

4This document is provided for informational purposes and is not intended as legal advice.

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TODAY’S AGENDA

What is CASL?

Defining Compliance

5 Steps Every Marketer Should Take

Q&A

This document is provided for informational purposes and is not intended as legal advice.

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ABOUT CANADIAN ANTI-SPAM LEGISLATION (CASL)

ConsentYou must have either implied or express consent of the user

Unsubscribe Mechanism Every message you are sending must have a valid unsubscribe mechanism, yes…EVERY message

IdentificationClearly identify who you are and/or who you are sending on behalf of

This document is provided for informational purposes and is not intended as legal advice.

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CONSENT

Express Consent Boxes cannot be pre-checked If gaining consent by an email box it

must not be pre-filled Every address after July 1, 2014 must

have some form of consent

Implied Consent All addresses collected previous to July 1, 2014

will have implied consent until July 1, 2017 Implied consent is also given for transactional

mail, such as a purchase confirmation

This document is provided for informational purposes and is not intended as legal advice.

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IDENTIFICATION

Each email sent must contain information identifying the sender and, if applicable, anyone they are sending on behalf of including contact information for all involved.

The regulation does not require that persons situated between the person sending the message and the person on whose behalf the message is sent need necessarily be identified. This means that ESPs are exempt.

When emails are sent on behalf of multiple persons, such as affiliates, all of those persons must be identified.

A valid mailing address must also be included. The address must be valid for at least 60 days after the message is sent.

• PO boxes are acceptable

This document is provided for informational purposes and is not intended as legal advice.

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UNSUBSCRIBE MECHANISM

All messages must contain an UnsubscribeThis is different from US laws as transactional messages are not required to contain an unsub mechanism

Are there limitations to the Unsub link?Under CASL, an unsubscribe mechanism must be 'readily performed.' An unsubscribe link can direct the consumer to a web page that is quick and easy to use.

Does the CRTC have examples of Unsubs?See Compliance and Enforcement Information Bulletin CRTC 2012-548.

This document is provided for informational purposes and is not intended as legal advice.

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ARE YOU CASL COMPLIANT?

All Canadian subscribers signed up from July 1, 2014 forward will fall under the new law.

All subscribers collected prior to July 1, 2014 will have until July 1, 2017 to be re-permissioned if current processes do not fulfill the express consent clause.

Questions to ask:

Do all of my messages contain a proper unsubscribe?

Am I and anyone I am sending on behalf of properly

identified in my message?

Does my current sign up process fulfill the express consent provisions of CASL?

If you are not sure of a provision or have questions on CASL please visit their webpage at http://www.crtc.gc.ca/eng/casl-lcap.htm.

This document is provided for informational purposes and is not intended as legal advice.

5 STEPS TO TAKE

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PREPARING FOR CASL

Understand your Canadian PresenceDo you know where your subscribers are?

Check with LegalCoordinate a legal interpretation of the new laws.

Evaluate and Update Your Permission ProcessIs your process currently compliant?

Plan a Re-permission CampaignAllow your Canadian subscribers to provide express permission.

Consider Transactional CommunicationsDon’t forget your transactional messages, they aren’t exempt.

This document is provided for informational purposes and is not intended as legal advice.

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UNDERSTANDING YOUR CANADIAN PRESENCE

Canada:12%

US:68%

EU:9%

SA:6%

AU:5%

This document is provided for informational purposes and is not intended as legal advice.

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CHECK WITH LEGAL

This document is provided for informational purposes and is not intended as legal advice.

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EVALUATE YOUR PERMISSION PROCESS

1. Check BoxNot pre-checked

2. Sign up formNo pre-filled fields

This document is provided for informational purposes and is not intended as legal advice.

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PLAN A RE-PERMISSION CAMPAIGN

Send to all Canadian subscribers if express permission had not been previously documented.

Message in the voice and personality of your brand.

Reference the CASL regulations and your desire to maintain a relationship.

Ask for express permission and drive to a compliant page that allows the capture appropriately.

This document is provided for informational purposes and is not intended as legal advice.

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CONSIDER TRANSACTIONAL TOO

All electronic communications sent in to Canada must have a mechanism to unsubscribe

Unsubscribe functionality must be available on transactional communications

On-site remediation of unsubscribe behavior from transactional communications may be possible

This document is provided for informational purposes and is not intended as legal advice.

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PREPARING FOR CASL

Understand your Canadian PresenceDo you know where your subscribers are?

Check with LegalCoordinate a legal interpretation of the new laws.

Evaluate and Update Your Permission ProcessIs your process currently compliant?

Plan a Re-permission CampaignAllow your Canadian subscribers to provide express permission.

Consider Transactional CommunicationsDon’t forget your transactional messages, they aren’t exempt.

This document is provided for informational purposes and is not intended as legal advice.

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Q&A

This document is provided for informational purposes and is not intended as legal advice.

Download our CASL whitepaper for a checklist and FAQs on preparing for the legislation – it’s not too late! www.bluehornet.com/CASL

Have additional questions?

Need help with your email marketing program?

CONTACT US:

BlueHornetCommunications@BlueHornet.com

619-295-1856