Is Your Business Really CASL Compliant?


Being CASL compliant should be top of every email marketer’s priority list and as soon there will be no more time for excuses.

July 1st 2017 will see full CASL enforcement and the Private Right of Action provisions will come into effect.



With just over 230 days left before this deadline, we spoke to Derek Lackey, President of Direct Marketing Association of Canada, to get some expert tips as to how your company can take the necessary steps to ensure you are CASL compliant in the coming months.
 
First thing first: who is responsible for CASL?
Lackey remarks that it is “senior officers of the company” that are responsible for remaining complaint and they can be personally responsible for the fines if they are found in violation of the law. The CRTC is not shy to lift the corporate veil. 

What should we prepare for in 2017?
2017 sees the Private Right of Action provisions kick in. Essentially, this allows individuals to enforce CASL. Should an individual think that they have received a CEM (commercial electronic message) that they have not given consent for, they can seek actual and statutory damages.  Brands are already anticipating class actions when this provision comes into play.

What should you do if you are in violation?
You have over 230 days before the full CASL enforcement comes into play, so use this time wisely and get your email marketing house in order. If you are contacted by the CRTC for being in violation of the anti-spam legislation, work with them and cooperate.

“The worst thing you can do is ignore the CRTC if they come knocking. Cooperating with them can often mean the difference between an undertaking or a notice of violation and a hefty fine.”
 
A recent DMAC workshop, examined the five stages of CASL Compliance and set out the below steps to help you become compliant;



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