Transcript Document

Canada’s
Anti Spam
Legislation
What is CASL?
CASL was intended to combat negative
online behaviour
 spam
 phishing
 malware
 spyware
 It will create a new regulatory regime for
all legitimate businesses and individuals
that send commercial electronic
messages (CEMs)
What is a CEM?
Commercial Electronic Message
 An electronic message that has as its
purpose, or one of its purposes, to
encourage participation in a commercial
activity.
Commercial Activity
 Any particular transaction, act or
conduct or any regular course of
conduct that is of a commercial
character, whether or not the person
who carries it out does so in the
expectation of profit.
Enforcement
 CRTC hired 34 enforcement officers
 Investigations will be complaint driven
 There are significant consequences:
 Prosecution by the CRTC – they can go
directly to notice of violation instead of
warning
 Onus on you to show you did nothing
wrong
Penalties and Liabilities
 Administrative monetary penalties
 Maximum $1 million per person
 Maximum $10 million per organization
 Officers, directors and agents personally
liable
Corporate Communications
 Because you have signed a contract with
Norwex our communication with you is
considered internal communications
 No action is required on your part to
continue to receive communications from
Home Office
How does it affect you?
After July 1, 2014 you won’t be able to send an
e-mail that proposes any commercial activity to
another party unless:
1.
you have first received their consent to send
it; AND
2.
your message meets all the prescribed form
and content requirements; OR
3.
you fall into an exception
Consent for Existing
Customers
 Under CASL you are required to have them
provide you with express consent in order to send
them e-mails and other electronic messages about
Norwex products and programs.
 This should be done with a Request for Consent
form that is sent to them by e-mail.
 The communications you send must include your
contact information complete with address,
telephone number and email address or website
address
 Must contain a statement indicating that the recipient
can withdraw the consent. This unsubscribe option
must be clear and prominent and should be simple,
quick and easy for the Customer to use.
Consent for Existing
Customers (continued)
 If the Customer withdraws their consent their name
must be removed from the data base within 10
business days.
 The e-mail address of any Customer who does not
provide express consent by July 1, 2017 must be
removed from the database as well.
Example of
Request for Consent from
Existing Customers
You have received this communication because you
are a valued Norwex Customer. Under the new antispam laws (CASL) introduced by the Government of
Canada we require your consent in order to send you
further information about Norwex products and events
through newsletters, e-mails and other forms of
electronic communications.
Please reply to this email stating “I consent to receiving
future emails from ADD YOUR NAME about Norwex.”
Please note that you may withdraw your consent and
unsubscribe from receiving any further communications
at any time.
If you would no longer wish to receive communications
from me please reply notify me by email withdrawing
your consent.
Consent for NEW Customers
 Under CASL after July 1, 2014 you will need
to communicate and establish a business
relationship with new Customers through
telephone, Skype, faxes, recorded
messages or mail.
 You can meet the consent requirements if
you receive a business card from them or
they sign a consent form at a hosted
party.
 At that point you may add them to your
newsletter list.
Adding Contacts in the
Consultant Back Office
What you need to do:
 You are required to obtain express consent from
new Customers prior to adding them to your Ripple
Effect contact list.
 Once this is obtained you will want to track their
name, the date and how you obtained their
permission to send them your monthly newsletter.
You may choose to write this on their Customer
Order Form for ease of tracking.
What Norwex will do:
 In addition Norwex will confirm consent directly
with the Customer and will maintain a log of
Customer consents by email address.
 This consent log will be applied to all Ripple Effect
newsletter mailings.
Ripple Effect Newsletter
July Newsletter – Existing Customers:
 Your existing Ripple Effect newsletter Customers
meet the criteria for an existing Customer from
whom you have already received implied consent
through your existing business relationship. We will
request their express consent in the July newsletter.
 If we do not receive their express consent by July 1,
2017 they will be removed from your subscriber list.
July Ripple Effect
Ripple Effect Newsletter
August Newsletter – Existing Customers and New
Customers added since July:
 New Customers added since July 1:
 Will receive a separate newsletter mailing by August 4
to capture their express consent
 Existing customers:
 Consented on July 1 – will receive newsletter
 Withdrew consent on July 1 – will not receive
newsletter
 Did not respond to consent request on July 1 – will
receive newsletter
Hostess Portal
 Host Portal will be modified to prevent Monthly
Newsletter emails to contacts with out expressed
consent.
 More details will be provided
Next Steps