What you need to know about Canada’s Anti-Spam Legislation (CASL)

You may have heard about Canada’s Anti-Spam Legislation (CASL), which was passed in 2010. The legislation establishes rules for sending any type of commercial electronic message (CEM). 

 

What should I know about CASL?

Any commercial messages being sent through Workspace will require implied consent from your organization until July 1, 2017. The good news for Kavi sites is that all communication sent by Workspace on behalf of your organization fits the definition of implied consent. 

After July 1, 2017 express consent will be required for any commercial message.

Implied or express consent is only necessary for messages that are considered commercial electronic messages (CEMs).

What is a commercial electronic message (CEM)?

According to the Canadian Radio-television and Telecommunications Commission-

“Under CASL, a CEM is a message that encourages participation in a commercial activity, including, but not limited to: offering, advertising or promoting a product, a service or a person.” (source:http://www.crtc.gc.ca/eng/com500/infograph1.htm)

There is still some open question as to whether messages from Workspace are CEM's at all. Notifications from Workspace sites are not inherently seeking to promote commercial activity. At Kavi, we are in conversation with our attorneys who are researching this matter in more detail, but there are indications that messages from Kavi Workspace sites on behalf of our customers might qualify for an exemption from the CEM rules.


What does this mean for me?

All members who receive email from your organization are already covered by implied consent.  Your members have willingly engaged in a business relationship with your organization and their membership implies consent to receive communications. 

CASL has a three year grace period until July 1, 2017 to gather express consent. We assume that express consent will be a part of future membership agreements. We encourage you to revisit your membership agreement to ensure that it covers both implied and express consent in the future. 

Do I need to do anything now?

In addition to reviewing your membership agreement to ensure that it covers implied and express consent we suggest grooming your Workspace email lists and group settings. We have several suggestions for your lists:

1 - Check your mail moderation settings. Unless you have a specific need to allow users outside of Workspace to post to your lists without any moderation it may be a good idea to tighten up your mail moderation settings.

The following moderation setting is inadvisable in order to protect against outside spam-

moderation.jpg

 

2 - Take a close look at your membership database. All members marked as 'active' will continue to receive mail from any groups that they are a member of regardless of their activity within Workspace. If there are members that have not used the system for some time it may be best to deactivate their accounts. When grooming your membership database use your own judgment. 

Kavi's next steps-

In order to aid in gathering express consent Kavi will have a mechanism in place to digitally capture and log express consent as defined by CASL by July 1, 2017.

If you would like more in depth information regarding CASL we encourage you to visit the FAQ located at http://www.crtc.gc.ca/eng/com500/faq500.htm 

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