CRTC & CASL - Show me!

In the case of human error, if your organizations wishes to establish a  "due diligence defense", a comprehensive compliance process is required.  A comprehensive compliance process includes:
1. Documented Email Policies & Procedures Manual
2. Technology that tracks real time data changes
3. Proof of Staff Training sessions 
4. Proof that email marketing procedures are part of onboarding new staff
5. Proof that staff are updated when changes are made
6. Proof that you have appointed a Senior Manager in the organization as your CASL Compliance Officer
7. Proof that you have a documented process for handling email complaints.
8. Proof that staff know the consequences of disregarding these practices.
9. Proof that you have thought this through and documented your decisions.

If you cannot show CRTC your Email Policies & Procedures Manual that includes all of the above, they take the position it does not exist. 

A Media Advisory from CRTC on July 27, 2016 states what PROOF CRTC looks for when investigating a breach of the new law:

"Senders of commercial electronic message should consider keeping a hard copy or an electronic record of, among others:

all evidence of express and implied consent (e.g. audio recordings, copies of signed consent forms, completed electronic forms) from consumers who agree to receive CEMs
documented methods through which consent was collected
policies and procedures regarding CASL compliance
all unsubscribe requests and resulting actions"

So KNOWING how someone came to be on your list and PROVING it are two completely different things. We have clients who know but cannot prove, so those names must be 're-sourced' or removed from the list. There must be a currently compliant reason they are on your email list or they should no longer be there.

Check your entire list. Can you PROVE:

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