CANADAS ANTISPAM LEGISLATION CASL Training for Chapters Based

CANADA’S ANTI-SPAM LEGISLATION (CASL) Training for Chapters Based on Guidelines for Chapters First published February 2015 Edited December 2015 Version 2. 3 Serving the Public. Regulating the Profession. 1

Contents • • Introduction CASL Applicability Message Content Consent – – – General definition Express consent Implied consent When don’t we need consent? Withdraw consent • Mailing Lists Maintenance • Consequences of Non Compliance • Questions Serving the Public. Regulating the Profession. 2

Introduction • Canada’s anti-spam legislation (CASL) came into effect on Canada Day, 2014 • Intent is to put restrictions on how “commercial electronic messages” are being sent • PEO and its chapters need to comply with CASL Serving the Public. Regulating the Profession. 3

CASL Applicability CASL applies to “commercial electronic messages”. Commercial electronic messages refer to an electronic message (such as text or email) where at least part of the purpose is to encourage the recipient to participate in a commercial activity. Serving the Public. Regulating the Profession. 4

CASL Applicability (cont’d) Serving the Public. Regulating the Profession. 5

CASL Applicability (cont’d) • Commercial – Even a $1 event is considered a commercial activity. – “Expectation of a profit”, or lack thereof, is no exception. • Electronic message – Email – Text (SMS text message or similar) • Intent of the message (…at least part of) – To encourage the recipient to participate in a commercial activity. Serving the Public. Regulating the Profession. 6

CASL Applicability (cont’d) • CASL does not apply to: – telephone calls; – faxes; – broadcast messages • tweets, • social media posts; – messages responding to a request, inquiry or complaint; or – messages sent to someone with whom the sender has a personal or family relationship. Serving the Public. Regulating the Profession. 7

Friendly Hint #1 If a chapter is in doubt as to whether a message will be considered a commercial electronic message and be captured by CASL, it should consult with PEO before sending the message. Serving the Public. Regulating the Profession. 8

Message Content All chapter commercial electronic messages must contain: • appropriate identifying and contact information about the chapter – e. g. mailing address, phone number, email or web address; • information on how to “opt out” of receiving further messages; • required information can be within the message or a link; • required information needs to be included even if the chapter has express or implied consents. Serving the Public. Regulating the Profession. 9

Friendly Hint #2 CASL applies to any “commercial electronic message” sent by a PEO chapter , whether the electronic message originates from the PEO email system or a chapter volunteer’s personal email address. Serving the Public. Regulating the Profession. 10

Consent – General definition Consent – Someone has voluntarily agreed to, or provided their approval or permission Two types of Consent in CASL • Express consent – is clearly stated (for PEO, in writing) • Implied consent – can be inferred from the circumstances or someone’s conduct Note: Consents are not defined explicitly by CASL Serving the Public. Regulating the Profession. 11

Consent – Express consent • Chapter should always seek express consent. – PEO requires written consent. • When seeking consent, chapters need to ensure the recipient understands: – that the local chapter, all other chapters and PEO are collectively asking for their consent; – why they might receive commercial electronic messages; – that they can withdraw consent any time; and – the method by which they can withdraw consent. • Consent requests must contain appropriate identifying and contact information. Serving the Public. Regulating the Profession. 12

Consent – Express consent (cont’d) • Cannot bundle request for consent to receive commercial electronic messages with other requests for consents • Example: – A chapter cannot request consent to receive commercial electronic messages at the same time it requests permission to collect private information. – The two requests should be kept separate. Serving the Public. Regulating the Profession. 13

Friendly Hint #3 PEO is keeping a master database of express consents. Therefore it is important that chapters notify and upload a completed consent form to PEO as soon as they receive express consent from anyone. Serving the Public. Regulating the Profession. 14

Consent – Implied consent • Chapters can assume they have implied consent if: – there is an existing business relationship between the sender and the recipient; or – the recipient had made an inquiry or application in the past six months in relation to certain commercial activities. • Implied consents must be converted to express consents by Canada Day 2017* * Based on business relationships in existence as of Canada Day 2014 Serving the Public. Regulating the Profession. 15

Friendly Hint #4 By July 2, 2017, chapters will not be able to rely on any implied consent. All consents must be express consents by that date. Serving the Public. Regulating the Profession. 16

Friendly Hint #5 PEO wants chapters to obtain express consent whenever reasonably possible. If in doubt, consult with PEO prior to sending the message. Serving the Public. Regulating the Profession. 17

Consent – When don’t we need consent? • We don’t need consent if the message: – facilitates, completes, or confirms a commercial transaction; or – is sent within the organization, or between organizations that have a relationship, and concerns the activities of the recipient organization. Serving the Public. Regulating the Profession. 18

Consent – When don’t we need consent? (cont’d) • Third-party referrals – A chapter can send a SINGLE commercial electronic message to someone without consent following a third party’s referral; – Where existing relationships exist • person making the referral the chapter, and • person making the referral the recipient; – Chapter must be able to prove that relationships exist. Serving the Public. Regulating the Profession. 19

Third Party Referral Serving the Public. Regulating the Profession. 20

Consent – Withdraw consent Anyone can withdraw consent at any time • They can do so by email, telephone, regular mail and electronically, such as via an unsubscribe mechanism. • If a person withdraws consent, the chapter must stop sending any further commercial electronic messages within 10 days. Serving the Public. Regulating the Profession. 21

Friendly Hint #6 Chapters must include an unsubscribe mechanism in all commercial electronic messages (incl. newsletters) Chapters must notify PEO immediately of any consent withdrawal. Serving the Public. Regulating the Profession. 22

Mailing Lists Maintenance • PEO HQ maintains the electronic mailing lists. • Chapters should communicate to PEO HQ any updates or changes to their consents as soon as is reasonably possible. • PEO HQ can make changes to the mailing list from time to time. • Chapters should only use the mailing list kept by PEO HQ. • Chapters must NOT maintain their own mailing lists. Serving the Public. Regulating the Profession. 23

Consequences of Non Compliance • Several layers of enforcement mechanisms • Administrative monetary penalties – Fines up to $1 million for individuals – Fines up to $10 million for organizations – CASL provides a private right of action (court order for financial compensation) for each breach. – Any officer, director or agent of PEO that commits a breach is personally liable for the corporation’s breach. Huge financial risk to PEO and you personally Serving the Public. Regulating the Profession. 24

Consequences of Non Compliance (cont’d) • News article published on March 5, 2015 : The CRTC issued its first “Notice of Violation” under Canada’s anti-spam law (“CASL”) today, assessing an administrative monetary penalty of $1. 1 million against Compu-Finder, for allegedly sending commercial electronic messages without consent and for providing an unsubscribe mechanism that did not function properly. Serving the Public. Regulating the Profession. 25

Questions? Serving the Public. Regulating the Profession. 26