Advice and articles from: MailChimp, updated October 9th 2016 and Corey Wainwright, HubSpot, June 5th 2014
“CASL regulations apply to any “Commercial Electronic Message” (CEM) sent from or to Canadian computers and devices in Canada. Messages routed through Canadian computer systems are not subject to this law.
A CEM is any message that:
- is in an electronic format, including emails, instant messages, text messages, and some social media communications;
- is sent to an electronic address, including email addresses, instant message accounts, phone accounts, and social media accounts; and
- contains a message encouraging recipients to take part in some type of commercial activity, including the promotion of products, services, people/personas, companies, or organizations.” – MailChimp
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“marketers are just now beginning to realize that change is coming. It’s also fair to say that most marketers are unlikely to have a plan in place for dealing with CASL compliance or, for that matter, migrating towards it. Candidly, I have talked to a number of marketers who are planning on continuing with their old, soon-to-be illegal practices while simply waiting for the regulator to take an enforcement/ compliance action. That’s an incredibly dangerous strategy, since all indications are that the CRTC is serious about levying penalties … and the maximum penalty under the law is $10M (ouch).” – Carman Pirie, Kula Partners via HubSpot, June 5th 2014
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CASL is a Canadian initiative passed back in 2014 that limits email marketing in much the same way as GDPR. It was criticised at the time for providing little clarification for companies on how far enforcement bodies would take the new law.
This is now becoming clearer in Canada at least, and MailChimp and HubSpot have been working to produce guidance on CASL. This will give the UK a much clearer idea of what to expect GDPR to look like in practical terms come 2018. They’re short, to the point and both give some great advice.
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