For businesses, email marketing is the most effective way to increase sales and revenue. Email campaigns help leads convert into loyal customers. Over the years, countries around the world have introduced regulatory enforcement and fines to stop occurrences of spamming and help genuine businesses thrive in a spam-free world. In this post, we briefly explain data laws in Canada and why those rules matter. Below mentioned data laws can help your business earn the trust of your customers as a spam-free and responsible brand.
CASL & OPT-IN PERMISSION
Under Canada’s anti-spam provisions, businesses can continue to send email messages or promotional information on blogs or social media to the recipients provided they have obtained a confirmed opt-in or implied consent from recipients. Businesses can continue to use their current email list as long as they have provided products or services to them, and their recipients haven’t subscribed.
Here, implied consent includes an existing business relationship in the form of an inquiry, a business transaction, a non-existing relationship (the recipient is a member of your organization, or has provided a gift or donation) or information published in plain sight, i.e. in a website. It also means, the recipient conspicuously giving or publishing their address.
Data laws in Canada mandate confirmed opt-in form to ensure compliance to make sure the company’s email collection data is CASL- compliant. Moreover, recipients need to be provided with an unsubscribe statement, and valid contact information such as a valid email address or a phone number, all clearly visible at the point of subscription.
According to Canada’s anti-spam provisions, email messages are considered to be messages that have as their purpose; or one of their purposes, to encourage participation in a commercial activity.
OPT-OUT REQUESTS & UNSUBSCRIBING
Canada’s data laws require every email message to include clear opt-out instruction. The opt-out mechanism for subscribers should be included clearly in the email, where they can unsubscribe with a simply click. An opt-out request should be honored without delay in no more than 10 business days after receiving it.
EMAIL MESSAGE LABELING & SENDER IDENTITY
Malware, spam, spyware, unauthorized modification of data or transmission of data, and false or misleading electronic representations are prohibited under CASL. Moreover, the sender should identify itself and the business/person on whose behalf the email is being sent.
LEGITIMATE CONTACT INFORMATION
Data Laws in Canada require the sender to include a valid postal address where the recipient can reach to. If the information cannot be included in the message body, it needs to be clearly displayed in the form of link to a web page containing legitimate contact information.
CASL FINES
Businesses that comply with Canada’s privacy laws and make use of email marketing best practices don’t need to fret over CASL. A 36-month transitional provision helps them buy the required time to adjust and gain express consent from pre-existing recipients.
Businesses that don’t comply with Canada’s anti-spam provisions risks a range of enforcement tools, from warnings to serious penalties of up to $1 million for individuals and $10 million for businesses.
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Read more on FrescoData’s How to Use Email Marketing Correctly and Efficiently to get the desired results.
