July 1st not only marks Canada Day (Fête du Canada) or “Canada’s Birthday” – it also marks important changes coming to Canada’s data protection laws.
July 1st 2017 will mark 3 years since Canada’s anti-spam law went into effect, which will be the end of the transition period given to organizations to fully comply with CASL regulations.
What is the main change come July 1st?
Implied Out – Expressed In.
Until now, organizations have been able to operate under “implied consent” when marketing to individuals via commercial electronic messages (CEMs). This will no longer be the case when the transition period expires on July 1, 2017. Moving forward, organizations will have to remove any users from their databases unless they have “expressed consent” from each recipient.
Are there exceptions?
Yes. If organizations have already done either option below, they will be covered:
- The organization obtained express consent from the recipient during the transition period;
(b) Another exception such as implied consent under an existing business relationship has arisen during the transition period and hasn’t expired (and the recipient has not opted out).
How will this impact business for Just Media and our Partners & Clients?
A large amount of Just Media’s client’s conduct business in Canada. We do expect to see changes in our partners approach to the Canadian market, adopting stricter policies or changing their methods of promotions. Some may abandon email marketing altogether to avoid putting themselves, and our clients at risk.
Ultimately, the onus is on the organization to provide proof of consent for EACH EMAIL SENT. And that can be a slippery slope when going up against CASL enforcements & regulators.
Hopefully your organization is one that is CASL compliant!
N Y L A M U R P H Y
Associate Media Director