Ecommerce

How can we
adapt to Bill
C-28, Canada’s
Anti-Spam
Legislation
(CASL)?

Bill C-28 took effect in Canada on July 1, 2014. What is it and how do we adapt to it? The Acomba team enlightens you!

What should I know about CASL?

Canadian companies and organizations must obtain the consent of their recipients verbally, electronically or on paper before sending them business communications such as e-mails, SMS or instant messaging. Only charities and political bodies are exempt from this requirement.

Bill C-28 requires that organizations identify themselves, enclose their contact information and include an unsubscribe link in all their business e-mails.

The Acomba team invites you to view the great presentation made by Cyberimpact, which summarizes the various elements of the legislation (in french).

Are there any exceptions?

Yes. Implied agreements grant you the right to send e-mails to contacts who have not clearly accepted to receive your communications.

For example, a person who signed a contract with you or bought one of your products can receive communications from you for 24 months. After this deadline, you must obtain proof of consent from this person. Similarly, someone who sent you a request for information or a quote can receive business communications from you for a six-month period.

During this time, take the opportunity to obtain proof of consent from these people so that you can keep on having a business relationship with them!

In addition to the implied agreements, the legislation does not apply to the following situations:

• Family or personal relationships
• Follow-up on a price inquiry
• Purchase or delivery confirmations
• Recalls and safety notices for guarantees
• Information on a purchase or a subscription

How can I adapt my communications to the Bill C-28?

Instead of seeing Bill C-28 as restrictive, we should look at it as an opportunity to be more creative in the way we communicate. Let’s be honest: people who actually enjoy receiving spam messages are in short supply!

If you have not done so already, we invite you to create a subscription center on your website where people can enter contact information if they like. You can use specialized newsletter applications such as Cyberimpact or Mailchimp.

In your new databases, separate the express and implied consents, and enter an expiry date for the latter.

You can also take the opportunity to implement a new structure for your communications by creating various categories (promotions, news, products, services, etc.). Your recipients will then be able to choose what they want to receive, so that they do not become irritated by your communications.

Finally, why not find an original way to encourage them to subscribe to your communications? For example, some businesses are giving exclusive discounts!

What to think about Bill C-28?

Some people might consider this legislation as a limitation to the marketing of organizations, while others might see it as a breath of fresh air in business communications. Most of the negative comments will not come from consumers, but from companies, the majority of which are not ready.

In fact, according to a survey conducted by the CFIB, more than 60% of small businesses have not yet taken action to comply with Bill C-28, while 8% of small business managers do not even know what this legislation implies.

However, if we keep in mind that more than 85% of the e-mails received in Canada are spam messages and that Canada was the only G8 country where spam was not governed by law, we can understand the relevance of Bill C-28. As the saying goes, desperate times call for desperate measures!

This article was originally published on July 7, 2014.