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New Canadian Spam Rules Facts

Don’t ditch your mailing list because your peeps didn’t opt in before July 1st!

New Canadian spam rules in effect last month are driving business owners to take drastic action in fear of non-compliance including deleting client data bases that they have taken years to build. I say STOP and get the facts before you start deleting anyone off your lists. Over the past 4 weeks I have rescued several valuable databases from obviation. Before you ditch your list get the facts: link on facts

Fact: You can continue to use email if you have express or implied consent from recipients.

  •     During the 36-month transition period, you can continue to use your current email list if you have previously provided your products or services to them and they haven’t told you to stop.

Fact: It is not illegal to send commercial electronic messages, but you need consent.

  •     CASL applies to emails, text and instant messages, and any similar messages sent to electronic addresses.
  •     CASL does not apply to promotional information you post online in places like blogs or social media.

Fact: Express consent received before July 1, 2014, remains valid and does not expire until the recipient withdraws it.

Fact: No law will eliminate all spam, including that from overseas.

  •     CASL allows Canadian enforcement against spammers operating in Canada.

Fact: Businesses that already comply with privacy laws and use common best practices for email marketing will require little effort to comply with CASL.

  •     The 36-month transitional provision provides time to adjust and seek express consent from pre-existing clients.

Fact: There are no automatic penalties.

  •     The CRTC has a range of enforcement tools available, from warnings to penalties (up to $1 million for individuals and $10 million for businesses).

4 Things to Think About When Sending Messages

  1. Did they give consent? Do you have a record of this consent?
  2. Do you have an existing business or non-business relationship?
  3. Identify your name and business
  4. Include details on how to unsubscribe in each message

Guidelines for list compliance according to MailChimp

The following people CAN be on your mailing list:

  • People who have opted in to your list on your own website
  • People who have opted in to receive emails from you offline
  • People who opted in to receive emails from you at a co-registration site
  • People you’re sending to on behalf of your customer, and they comply with the above.
  • People who purchased one of your products, or attended an event, and gave you their email address so they could receive updates from you.
  • Your internal employee list (such as for company notices)
  • Press releases sent to reporters who signed up at your website

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