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What You Need to Know About CASL & Surveying Respondents by Email How CASL Affects Your Email Surveys
What You Need to Know About CASL & Surveying Respondents by Email
How CASL Affects Your Email Surveys
Agenda• Who we are• CASL intro• Does CASL affect you?• What CASL means for your research• Our solutions to comply with CASL• Conclusion
Who we are
Before we start….
Please do not take this as legal advice.
What is CASL?● Canadian Anti-Spam Legislation● Took effect on July 1st 2014● New regulations on commercial
electronic messages to an electronic address
Has a business offer.
Promotes or advertises a business offer.
Promotes a person who has something to do with the offer.
And…it is sent to an
electronic address.
Commercial Electronic Message
Commercial Electronic MessageTo send these, you must have:
Expressed consent OR Implied consent
Which one is a CEM?To: CustomerSubject: Special Offer
We have an amazing sale for you this week only! Enter the discount code SPECIALDEAL and receive 20% off your next purchase of $50 or more!
To: Prospective CustomerSubject: What’s new?
Here are the latest updates on news for your city: http://citynews.com.
By the way, are you interested in renting a car this weekend? Get your car rental here.
Does CASL affect you? Do you send electronic commercial
messages?
And do you send this in or from Canada?
Does CASL affect you?
If you answered yes, CASL could affect you.
CASL Exemptions• Registered charities may send CEMs to raise
funds.• Political organizations may send CEMs to get
donations.• Emails to family and friends.• Surveys for legitimate research purposes.
The Grey Area● Where do incentives fall?● General consensus among experts is to
follow CASL for these cases.
Key CASL Provisions:This new law will prohibit*:● Sending unwanted electronic communication
without consent. ● False or misleading representation online
communication.● Harvesting email addresses.● Altering transmission data without express
consent*This list is not exhaustive. More information, see http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html.
Expressed Consent• If obtained before July 1 2014, it is
valid until the recipient withdraws consent.
• Otherwise, it does not expire.• To get Expressed Consent – fully inform
recpients and have a clear ask.
Implied ConsentExisting business relationship• Bought or inquired about a good or service.
Existing non-business relationship • Membership, association, charity, political
party• Recipient’s email is considered conspicuous
Implied ConsentFor lists before July 1st 2014 – you have 36 months to get expressed consent.
For lists after July 1st 2014 – you have two years to get expressed consent.
Key “Don’t’s” and “Do’s”Don’t...
● Buy lists where consent isn’t confirmed.
● Scrape social media for emails.● Send unwanted content.● Contact customers who haven’t
purchased in >2yrs or requested info in >6 months.
● Email people with no consent asking for expressed consent after July 1st 2014.
Do...● Find out what country your
customers are from.● Track CRM info like last purchase
date, etc.● Have an “opt-out” mechanism.● Make subject lines and link text
clear.● Clearly identify yourself.● Include current contact
information.● Have an email policy on your site
separate from terms & conditions.’● Seek to get expressed consent
from new and existing contacts.
Solutions to comply with CASL1.Use features available in your survey
software 2.Buy respondents through panel
companies3.Look at new ways of collecting online
feedback
Solution #1: FluidSurveys features
Solution #2: Cint Panels● Double opt-in● Opt-out mechanism● Clear contact information
Solution #3: GetPulse.com
Summary● Who we are● CASL intro● Does CASL affect you?● What CASL means for your research● Our solutions to comply with CASL● Conclusion
Q&A time
More InformationVisit these sites:● Government of Canada: www.fightspam.gc.ca● CRTC: www.crtc.gc.ca/eng/casl-lcap.htm● Industry Canada: www.ic.gc.ca/eic/site/cb-bc.nsf/eng/03390.html● Office of the Privy Commissioner of Canada:
www.priv.gc.ca/resource/op-vpel/spam_index_e.asp
Thank You!
