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A Digital Marketer's Guide to Canada's Anti-Spam Law “ ...
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Every place a page here uses this source, in the order the words come in it.
Just as you’ve been doing under CAN-SPAM, you should never send deceptive or misleading subject lines or “from” email addresses and names. Additionally, in email communications you must maintain a valid postal address in the email and one other method to communicate with the sender: a web address, email address or phone number. It is important to note that you should never harvest email addresses via dictionary or harvesting attacks. “For U.S. companies sending CEMs to Canada, you must follow CASL.” For Canadian companies sending CEMs to the United States, then you may follow CAN-SPAM.
For U.S. companies sending CEMs to Canada, you must follow CASL. “For Canadian companies sending CEMs to the United States, then you may follow CAN-SPAM.” Step SEVEN: SPECIAL NOTE – INSTALLING SOFTWARE
What type of consent did you receive (express or implied) to send commercial messages? See page 3 for the definitions of the types of consent. “Create a process for identifying which type of consent you have received, how and when.” Develop a process moving forward.
Develop a process moving forward. “Be sure to keep records: Initial consent date Upgraded consent date Consent level Consent source IP address, recommended but not required” Note: Asking for consent via email is considered a “commercial” email message that is covered under the law. If you received express consent prior to July 1, 2014 then the express consent carries forward. If you received implied consent prior to July 1 2014, then the implied consent carries forward for the full 3 year transition period - until July 1, 2017 - as long as they were being sent CEMs prior to July 1, 2014. As of June 7th, 2017 the Government of Canada has suspended the scheduled start date of Private Right of Action (PRA) – the provision that would have allowed individuals to sue – under CASL. The end of the transition period (Section 66), and regular enforcement of CASL's other provisions will still continue as scheduled on July 1st, 2017.
Be sure to keep records: Initial consent date Upgraded consent date Consent level Consent source IP address, recommended but not required “Asking for consent via email is considered a “commercial” email message that is covered under the law.” Step Two: Understand What Constitutes a “Commercial” Message, or “CEM”
This law applies to Canadian commercial email marketers, as well as commercial email marketers globally sending messages to Canadian subscribers. There are limited exceptions for political parties and charities sending communications that focus solely on fundraising activities. The following is a high level overview of the requirements of the new law; steps to take to prepare for compliance; and important dates to keep in mind for various requirements. We have also provided a number of online resources that should assist you in your compliance efforts. “Please review your email program with your legal counsel to ensure that your program is meeting CASL’s requirements.” Step One: Take a look at your data