Are You Being Compliant with the New CASL Law?

Posted by: waynerandall

CASL – “Canada’s Anti-Spam Law is rigorous and has been called the “most aggressive anti-spam legislation in the world.”

Are You Being Compliant with the New CASL Laws?

Three-Year Grace Period to Comply

I have been reading several articles on this new CASL law that took affect on July 1, 2014. And to be quiet honest, the new law is just down right stupid. Even though the new Canada law has a three year grace period to comply, I think it is just a bit over the top to place a penalty of $1M to an individual or new marketer who may not be aware of this new law in the future.

Will this new law scare away anyone who wants to market online? Are they going to have to get a LLC in order to keep from losing their home and everything they own if someone in Canada decides to sue them?

And what about social media? I have read that if you are having a conversation with someone on social media, you could be violating this law if you send the prospect to your affiliate link rather than to a lead capture page first in order to get consent.

To help give a better overview of this new law, … I’m going to direct you to a great article by Pat Owings from Business2community.com. In it you’ll find a great source of information on Canada’s Anti-Spam Law and how it will affect you.

What is Canada’s New Anti-Spam Law and How Does It Affect You?
— Business2community.com

http://www.business2community.com/

Canada’s new law is so strict, in fact, that electronic communication extends to include telephone calls, email, text messages, instant messaging and all forms of social media.

3 General Requirements for Sending CEM

In order to comply with the new law, there are 3 requirements you will need for send commercial electronic messages: (1) consent, (2), identification information and (3) an unsubscribe mechanism.

To break that down even further, you will need to have express consent which has no limitation vs implied consent that is only good for 2 years.

Identification information requires that you disclose an address. If working from home, you do not have to give your home address, however, you do need to provide another valid mailing address as long as you can be reached at that location.

Finally, the unsubscribe mechanism, It can be broad or very granular. Just as long as the person has a way to opt-out from receiving messages from your list.

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