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www.zoominfo.com
www.zoominfo.com
CANADA’S ANTI-SPAM LEGISLATION (CASL)
www.zoominfo.com
Ask your questions through chat on
GoToWebinar or on Twitter using the
hashtag #ZoomInfoCASL.
Stay Engaged!
www.zoominfo.com
About ZoomInfo
ZoomInfo is the leading provider of B2B data
with the most comprehensive source of info
on over 100 million business people and 10
million companies.
www.zoominfo.com
About Presenters
Paul Boulanger, Chief
Financial Officer,
ZoomInfo
www.zoominfo.com
About Presenters
Bridget McIIveen,
Lawyer, Privacy & Data
Management, Osler
Hoskin & Harcourt LLP
www.zoominfo.com
Agenda
• What is CASL
• Three General Requirements
• Implied vs. Express Consent
• Compliance Steps
• Solution
• Questions
www.zoominfo.com
Important Note
The information in this webinar is not
intended to provide or be relied upon for
compliance or legal advice. You should refer
to your own legal counsel for advice on
Canada’s Anti-Spam Legislation.
www.zoominfo.com
WHAT IS CASL?
www.zoominfo.com
What is CASL?
• Canadian legislation imposing strict consent,
identification information and unsubscribe
requirements when sending “commercial
electronic messages.”
• Will impact organizations in all sectors.
• Comes into force on July 1, 2014.
www.zoominfo.com
Penalties for Non-Compliance
• Potentially severe penalties for contravention of
the statute.
– Administrative Monetary Penalties
• Up to $1 million per violation for individuals and $10 million for
businesses.
– Private Right of Action
• Statutory damages up to $200 for each violation of the prohibition
against unsolicited commercial electronic messages up to $1 million
for each day on which the violation occurred.
• A single email or text message is contravention of CASL =
violation.
– Due diligence defence
www.zoominfo.com
Does CASL apply to you?
• Applies to any “Commercial Electronic Message” (CEM)
– Any means of telecommunication, including text, sound, voice or image
messages.
• Examples: Emails, Text Messages, Refer-a-friend messages
– Reasonable to conclude that, among its purposes, the message is
aimed at encouraging participation in a commercial activity.
• Applies when CEMs are sent or received in Canada
– Senders outside Canada will need to know whether or not any CEMs
sent will be received in Canada
www.zoominfo.com
THREE GENERAL
REQUIREMENTS
www.zoominfo.com
Three General Requirements
1. Consent
– Prohibited to send, or cause or permit to be sent, a commercial
electronic message (CEM) to an electronic address unless the recipient
has provided express or implied consent.
2. Identification Information
– Most CEMs must identify the sender and include certain contact
information
3. Unsubscribe Mechanism
– Most CEMs must also include an unsubscribe mechanism
– Unsubscribe mechanism must be given effect to within 10 business
days
www.zoominfo.com
CASL Exemptions
• Certain CEMs do not need to comply with CASL’s consent,
identification information and unsubscribe requirements
• Examples:
– Messages that are sent to an individual engaged in commercial activity and
consists solely of an inquiry or application related to that activity.
– Messages sent between organizations that have a relationship or within
organizations concerning the activities of the organization.
– Messages sent in response to a request, inquiry, complaint or is otherwise
solicited.
– Messages sent to satisfy legal obligations.
– Messages sent by a person who reasonable believes the message will be
accessed in a set of listed foreign states and the message conforms to the
law of the foreign state that addresses spam.
• 116 countries listed in the Industry Canada Regulations
www.zoominfo.com
IMPLIED VS. EXPRESS
CONSENT
www.zoominfo.com
Implied Consent
• Example 1: Existing Business Relationships
– “Existing business relationship” include, for example:
• Purchase or lease of a product, goods, service
• A written contract
• An inquiry or application
– Implied consent is time-limited:
• may only be relied upon for 2 years after a purchase, 2 years
after the expiration of the contract or 6 months after an
inquiry or application.
www.zoominfo.com
Implied Consent Cont’d.
• Example 2: Business-to-Business Communications
1. Conspicuously Published Electronic Addresses
• Electronic address is conspicuously published,
• Publication is not accompanied by an indication that he or she does
not wish to receive unsolicited messages, and
• The message is relevant to the recipient’s business, role, functions
or duties in a business or official capacity.
2. Recipient Disclosed Email Address:
• Recipient discloses email address (e.g. business card) to sender
• Disclosure not accompanied by an indication that he or she does
not wish to receive unsolicited messages, and
• The message is relevant to their business, role, functions or duties
in a business or official capacity.
www.zoominfo.com
Express Consent
• Generally express consent is required to send a CEM
– Obtain orally or in writing
– Positive or explicit indication of consent required (i.e. no pre-
checked boxes)
– Requests for express consent must include notice about the
following:
• The purpose for which consent is sought.
• The name of the person seeking consent.
• Certain prescribed contact information including the mailing address, and either a
telephone number, email address or web address of the sender.
• A statement indicating that the person whose consent is sought can withdraw their
consent.
• Additional requirements when obtaining consent on behalf of named and
unnamed third-parties (e.g. marketing partners or affiliates)
www.zoominfo.com
Transactional Messages
• Certain transactional CEMs and referral messages are
not required to comply with consent requirement
• Messages still must comply with identification and
unsubscribe requirements
www.zoominfo.com
COMPLIANCE STEPS
www.zoominfo.com
Compliance Steps
• Determine whether you are sending a CEM.
• If the message is a CEM, determine whether it will be
sent or received in Canada.
– You can find out where contacts are located using the ZoomInfo
Database
• Make sure you have express or implied consent to send the
message (unless an exemption applies)
• Ensure message includes prescribed identification information and
unsubscribe mechanism
• Keep yourself educated on CASL developments!
www.zoominfo.com
QUESTIONS?
Here’s The Solution
www.zoominfo.com
Append Your Database
• Fill in the holes and missing information in your
database to identify Canadian records
1) Name
2) Email address
3) Phone number
4) Company location
5) Domain name
• Mitigate risk
www.zoominfo.com
QUESTIONS?

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Canada's Anti-Spam Legislation (CASL): Everything You Need to Know | ZoomInfo

  • 2. www.zoominfo.com Ask your questions through chat on GoToWebinar or on Twitter using the hashtag #ZoomInfoCASL. Stay Engaged!
  • 3. www.zoominfo.com About ZoomInfo ZoomInfo is the leading provider of B2B data with the most comprehensive source of info on over 100 million business people and 10 million companies.
  • 4. www.zoominfo.com About Presenters Paul Boulanger, Chief Financial Officer, ZoomInfo
  • 5. www.zoominfo.com About Presenters Bridget McIIveen, Lawyer, Privacy & Data Management, Osler Hoskin & Harcourt LLP
  • 6. www.zoominfo.com Agenda • What is CASL • Three General Requirements • Implied vs. Express Consent • Compliance Steps • Solution • Questions
  • 7. www.zoominfo.com Important Note The information in this webinar is not intended to provide or be relied upon for compliance or legal advice. You should refer to your own legal counsel for advice on Canada’s Anti-Spam Legislation.
  • 9. www.zoominfo.com What is CASL? • Canadian legislation imposing strict consent, identification information and unsubscribe requirements when sending “commercial electronic messages.” • Will impact organizations in all sectors. • Comes into force on July 1, 2014.
  • 10. www.zoominfo.com Penalties for Non-Compliance • Potentially severe penalties for contravention of the statute. – Administrative Monetary Penalties • Up to $1 million per violation for individuals and $10 million for businesses. – Private Right of Action • Statutory damages up to $200 for each violation of the prohibition against unsolicited commercial electronic messages up to $1 million for each day on which the violation occurred. • A single email or text message is contravention of CASL = violation. – Due diligence defence
  • 11. www.zoominfo.com Does CASL apply to you? • Applies to any “Commercial Electronic Message” (CEM) – Any means of telecommunication, including text, sound, voice or image messages. • Examples: Emails, Text Messages, Refer-a-friend messages – Reasonable to conclude that, among its purposes, the message is aimed at encouraging participation in a commercial activity. • Applies when CEMs are sent or received in Canada – Senders outside Canada will need to know whether or not any CEMs sent will be received in Canada
  • 13. www.zoominfo.com Three General Requirements 1. Consent – Prohibited to send, or cause or permit to be sent, a commercial electronic message (CEM) to an electronic address unless the recipient has provided express or implied consent. 2. Identification Information – Most CEMs must identify the sender and include certain contact information 3. Unsubscribe Mechanism – Most CEMs must also include an unsubscribe mechanism – Unsubscribe mechanism must be given effect to within 10 business days
  • 14. www.zoominfo.com CASL Exemptions • Certain CEMs do not need to comply with CASL’s consent, identification information and unsubscribe requirements • Examples: – Messages that are sent to an individual engaged in commercial activity and consists solely of an inquiry or application related to that activity. – Messages sent between organizations that have a relationship or within organizations concerning the activities of the organization. – Messages sent in response to a request, inquiry, complaint or is otherwise solicited. – Messages sent to satisfy legal obligations. – Messages sent by a person who reasonable believes the message will be accessed in a set of listed foreign states and the message conforms to the law of the foreign state that addresses spam. • 116 countries listed in the Industry Canada Regulations
  • 16. www.zoominfo.com Implied Consent • Example 1: Existing Business Relationships – “Existing business relationship” include, for example: • Purchase or lease of a product, goods, service • A written contract • An inquiry or application – Implied consent is time-limited: • may only be relied upon for 2 years after a purchase, 2 years after the expiration of the contract or 6 months after an inquiry or application.
  • 17. www.zoominfo.com Implied Consent Cont’d. • Example 2: Business-to-Business Communications 1. Conspicuously Published Electronic Addresses • Electronic address is conspicuously published, • Publication is not accompanied by an indication that he or she does not wish to receive unsolicited messages, and • The message is relevant to the recipient’s business, role, functions or duties in a business or official capacity. 2. Recipient Disclosed Email Address: • Recipient discloses email address (e.g. business card) to sender • Disclosure not accompanied by an indication that he or she does not wish to receive unsolicited messages, and • The message is relevant to their business, role, functions or duties in a business or official capacity.
  • 18. www.zoominfo.com Express Consent • Generally express consent is required to send a CEM – Obtain orally or in writing – Positive or explicit indication of consent required (i.e. no pre- checked boxes) – Requests for express consent must include notice about the following: • The purpose for which consent is sought. • The name of the person seeking consent. • Certain prescribed contact information including the mailing address, and either a telephone number, email address or web address of the sender. • A statement indicating that the person whose consent is sought can withdraw their consent. • Additional requirements when obtaining consent on behalf of named and unnamed third-parties (e.g. marketing partners or affiliates)
  • 19. www.zoominfo.com Transactional Messages • Certain transactional CEMs and referral messages are not required to comply with consent requirement • Messages still must comply with identification and unsubscribe requirements
  • 21. www.zoominfo.com Compliance Steps • Determine whether you are sending a CEM. • If the message is a CEM, determine whether it will be sent or received in Canada. – You can find out where contacts are located using the ZoomInfo Database • Make sure you have express or implied consent to send the message (unless an exemption applies) • Ensure message includes prescribed identification information and unsubscribe mechanism • Keep yourself educated on CASL developments!
  • 23. www.zoominfo.com Append Your Database • Fill in the holes and missing information in your database to identify Canadian records 1) Name 2) Email address 3) Phone number 4) Company location 5) Domain name • Mitigate risk

Hinweis der Redaktion

  1. Lauren
  2. Lauren
  3. Paul
  4. Paul Pass control to Bridget
  5. Bridget Keep control of presentation and click through to Agenda slide (even though Paul will be speaking to that slide)
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  10. Bridget Script Note: Comment on the fact that not all Canadian email addresses end in .CA so companies may need to take other due diligence steps to determine where their email will be received.
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  21. Paul
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  23. Lauren will read two questions discussed during call (possibly a third) and Bridget will respond (Q&A style).