Risk Analysis thumb image

A high-level look at the looming disaster

Peter Clausi has written an in depth article looking at the reality of how CASL has changed the landscape of commercial email activity in Canada, the consequences of not complying with the new rules and also the upcoming changes to the law and their impacts.

CASL compliance is about consent, not content. You need consent BEFORE you send the email. You cannot email someone to ask for consent to send that person email. If challenged, the onus is on you as the sender to prove you had prior consent.

Actually, it’s worse than that.

Every message you send must have a built-in unsubscribe feature. Must. If you don’t, you’re in breach of CASL.

The statute is so broad, the consequences so harsh, that most of us in the compliance industry did not think it could be rigorously enforced. The CRTC simply lacked the resources or the will to enforce CASL in any meaningful way.

We were wrong.

In March of 2015, the CRTC gave notice of its intentions when it punished a numbered corp with an administrative monetary penalty of $1,100,000 for having sent emails without the recipients’ consents as well as for sending commercial emails that did not have a properly functioning unsubscribe mechanism. We didn’t criticize the penalty since the numbered corp was what we normally think of as a true spammer – atta go, CRTC!

Then Plenty of Fish got hit for $48,000. We didn’t really care since it’s a free dating website, so we all just giggled a little, albeit nervously.

We began to really care in June of this year when regional flyer Porter Airlines was hit by the CRTC for $150,000 for CASL breaches. And we really paid attention a few weeks ago when Rogers Communications agreed to a $200,000 fine, for the “offence” of sending corporate emails that did not always have a fully functioning “unsubscribe” mechanism.

Look at the email you send. Is there a fully functioning unsubscribe mechanism in every email you send? If not, your entire organization is at risk.

Visit the original post for the full article.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>