INTRODUCTION:
Have you been receiving a bunch of emails lately asking you to give your consent, but aren't what they're all about? On July 1, 2014 a new Canadian anti-spam law is coming into effect that will impact the way you as a solopreneur, business owner or anyone doing business can send emails.
Now, the truth is the law at this point is being defined very differently by many business owners, and there is quite a bit of confusion and fear as the potential penalties are quite large (up to $10 million).
The reason you're receiving all these "consent" emails is because one fo the new rules is that you need to have either "Express" or "Implied" consent before you can email people about business stuff. For your existing list, the understanding is that you have two years after the law comes into effect to gain Express Consent. But - if you can email your list prior to July 1, the understanding is that you extend your period an extra year. That is the main reason you're receiving all those consent emails. And most companies are also asking for your Express Consent in these emails by giving you a chance to click through and confirm your subscription.
So what do you need to do as a micro-preneur or small business owner?
Well, I am not a legal expert so as a disclaimer - I recommend you do your own research and/or hire a legal expert to help you out. But here's what I've concluded after doing my own research and discussing with the Canadian coaches in my Duct Tape Marketing Consultant network (a special thanks to Cidnee Stephen from Strategies for Success in Calgary and Kurian Tharakan from Edmonton):
The bottom line is that the Canadian Anti-Spam Legislation (CASL) is going to be one of the most rigorous in the world. Cidnee Stephen, a fellow Duct Tape Marketing Consultant in Calgary, posted a great article on the subject that I encourage you to read here:
Here is a lay person version (and keep in mind this is just my interpretation):
You can no longer email anyone unless you have express or implied consent.
- Previously: You could email anyone until they opted-out
- Now: You have to get someone opt-in before you can send them email
You need Express Consent in order to keep someone on your mailing list permanently:
- Express consent is when you can prove someone said “yes” specifically to you emailing them. There are many rules around this.
- Implication: You will need to add a double opt-in option to your emails
- Implication: The onus is on you as the business to “prove” when and how consent occurred in the event of a complaint. This means you should really be using an Email Service Provider (such as Constant Contact, AWeber or MailChimp) that can help you track all this.
Implied Consent expires after two years:
- This includes a customer who has not given you Express Consent with whom you have not had a transaction in more than 2 years
- Implication is that it is very important to track transaction and consent dates
Sign-Up forms must be specific:
- You can only email contacts information that they have specifically signed up for. You need separate consent boxes for each type of information. You cannot pre-check a consent box.
- Implications: If someone downloads an eBook, you can only email them the eBook. You cannot, for example, send them a newsletter. You would need to add a separate check box for this.
- Note: there is some discussion/controversy/confusion around this. Part of the law says you "can't bundle stuff". So some people are interpreting that as you can't have consent to download an eBook AND sign up for a newsletter with a single check box, and some are saying you can.
Fines are hefty
- Fines are up to $10,000,000
- No one knows if and how they can be enforced.
Here are our main recommendations of what you should do to prepare:
- Update all forms and messaging around forms. If there is an eBook download, for example, give options to both download the eBook and sign up for your newsletter. Include all the information they recommend you include on your landing page. Make all your forms double opt-in if you can.
- Enhance messaging to make it VERY clear what people are signing up for via a double opt-in page or similar.
- Set you up on a CRM system so you can track consent/transaction dates.
- Send out an email before July 1 giving everyone an option to provide Express Consent.
Messaging to Include on Your Emails:
- The purpose for which consent is being sought. E.g. ask the recipient's consent to receive commercial emails from {company name}.
- The name of the sender , the business name, and/or the name of the person on whose behalf the message is sent (if any)
- The mailing address, and one of the following:
- a telephone number providing access to an agent or voice messaging system,
- an email address or
- a web address of the person/company seeking consent
- A statement that the person can withdraw their consent at any time
- An unsubscribe mechanism
- If you are using a third party (eg. Agency or Email Software Providers like Mail Chimp or Constant Contact), then this information has to be included as well.
TYPES OF CONSENT
Express Consent - This is the golden ticket. This is what you seek. Express consent lasts forever or until the recipient unsubscribes from your communications.
Implied Consent - This requires accurate tracking as it is time limited (typically to two years) and gives you limited options to gain long term express consent.
- You have an existing business relationship or an existing non-business relationship (the latter applies mostly to charities, membership organizations) with the recipient
- The recipient has conspicuously published their electronic address (like on a web page or their email signature)
- The recipient has disclosed to the sender their electronic address (think business card)
Additional Resources:
I highly encourage you to read Cidnee Stephen's post on the subject:
Here are some additional resources:
- Industry Canada presentation on Canada's Anti-Spam Legislation and Regulations - This presentation is a high level overview of what the Act applies to and what it requires, so that business may understand their obligations.
- CRTC 2012-548 & CRTC 2012-549 - Examples of Approved Express Consent forms.
- CRTC's Anti-Spam Centre - As the CRTC will be regulating the legislation, this site is useful to see their interpretation and the approach they plan to take.
- Bennett Jones Anti-Spam Learning Centre - Bennett Jones has lawyers who are specializing in Anti-Spam. Their Anti-Spam Learning Centre is very helpful. If you require more legal advice, visit this link as well.
Consent to Receive Communication from Corner Your Market:
We use HubSpot for all of our landing pages and email marketing. What we've done is set up a double-opt in landing page where you can choose to subscribe to receive one or more of our email options. You can see the example here - and if you want to hear from us in the future - be sure to opt-in!
