Canadian Retailer - Spring 2015 - 34
a Practical approach to casL compliance for canadian Retailers
BY KEITH HOLLOWAY, ENvoKE. CoM
Managing communications with customers will continue to be critical to ensure CASL compliance.
in the weeks and days leading up to the implementation of the
Canadian Anti-Spam Legislation (CASL) last summer, millions of
consent-request emails were sent out by a vast array of businesses
seeking "Express Consent" from Canadians to continue receiving
'commercial electronic messages' (CEMs) from the senders.
The reality is that most of those consent pleas were ignored,
including many sent to the customer bases of companies that
were well liked and appreciated by the recipients. According to
some recently measured aggregate response rates, some 90 per
cent or more of those consent appeals simply went unanswered.
For any business that had planned to stop sending CEMs to
anyone who didn't provide their express consent under the rules
of CASL by July 1, this would pose a huge problem. The question
was how could they continue to communicate with the large majority of contacts in their databases who still had NOT provided
express consent to be sent CEMs without breaking the law?
canadian retailer | SprinG 2015
Fortunately, there are a number of practical
and effective permission-management approaches retailers and other businesses can follow in order to become CASL-compliant before
the 'real' teeth of CASL come into effect in 2017.
express, versus implied consent
It's important to understand a couple of the
key distinctions under CASL as they relate to
express versus implied consent. Very simply,
express consent status under CASL can be
thought of as a single documented "agreement
to communicate electronically" between your
business and the contacts in your database.
Implied consent is treated much more broadly
under CASL. There are several forms of implied