3 STEPS FOR CHARITIES TO UNDERSTAND CANADIAN ANTI-SPAM LEGISLATION (CASL)

Canadian_flagI had the wonderful opportunity to embark on an Interactive Media Manager post-grad student journey this last year as of May I have been in the role Interactive Media Manager Intern. Immediately, as I began in this role I experienced Canadian history in the digital space. I engaged in conversation with various individuals during the countdown to July 1st 2014. In the lead up to Canada Day we as Canadians eagerly anticipate the 1st long weekend of the summer. This year, some were dreading it with the anxiety of having to comply with the Canadian Anti-Spam Legislation (“CASL”), which came into effect on.   July 1, 2014.  This is considered to be the toughest commercial electronic messaging (“CEM”) legislation in the world, with substantial fines for violations (including fines up to $10 million for organizations).  I wanted to understand CASL to the best of my ability. Where some were feeling like a deer caught in the headlights, I refused to let it intimidate me. My hope is to create a blog setting out 3 key steps for charities to understand CASL.

I’m not a lawyer, but as I understand it, the scope of the legislation is still in the process of being defined and stakeholder knowledge sharing networks such as Imagine Canada and Ontario Non-Profit Network are making huge strides to help us. I believe the overall objective of this legislation is not to make life challenging for organizations that operate with a best business practice model to the best of their ability.   I believe just like the telemarketer issues North America experienced in the past this is a preventative piece of legislation. In the end, none of us want unwanted and emails that were not asked for in the first place. CASL and its primary purpose regarding charities would probably be with organizations utilizing CEM to raise funds for the given charity.

Newsletters, online and offline marketing campaigns, including social media and even text messaging, may all be forms of communication that may be defined as CEM under the act.  My further understanding is that the regulations do provide an exemption for charities for commercial messages that have a purpose of fundraising. In the end, due diligence is required by the charitable organization to have your lawyer assess whether or not your organization falls within the exemption.

For the most part, I’ve been exposed to grass roots charitable organizations in Canada, United States and the Caribbean. If a charitable organization in any of those regions sends messages to Canadians this legislation applies. From my experience, charities are making efforts to comply with CASL; this is a good thing.  Some have had difficulty in determining the scope and this is understandable. The general consensus is that CASL is not completely clear in its scope.  Let’s be real for a moment, it’s legislation my friends. There is always the possibility that legislation will require further definition and explanation. Remember, as a “best business practice” government does take the time to engage with resources such as industry stakeholders, governing bodies and other trusted industry organizations to assess and solve potentially vague definitions with new legislation.  As the years go on when or if gaps are identified in legislation, amendments to the legislation may occur. This being said, there are resources out there to help, organizations just have to be proactive and assess which sources to access.

Below are the 3 steps that I recommend to my colleagues. If you feel like a deer caught in the headlights, which is understandable, take these 3 steps to understanding CASL:

STEP 1 – OBTAIN LEGAL COUNSEL

The digital space is a space that’s growing at a rapid rate.  It’s a space where we (Organization Administration and Interactive Media Managers) need to ensure we are managing our online properties responsibly whether it’s the Accessibility for Ontarians with Disabilities Act (AODA) or CASL.   If you’ve been through the process of obtaining your Canadian Charitable Tax Number you probably have a lawyer in your corner somewhere. Contact them.  One of the worst things an organization can do in this scenario is ask their Interactive Media Managers “Deal with the CASL stuff”.  Interactive Media Managers can execute the roll out of the campaign for an organization(s) but legal counsel must be the one to inform the Organization Administration (Executive Director) how the legislation applies to the organization. Once you speak to the organization’s lawyer, find out what needs to be done to comply, maybe ask the lawyer and your Communications Coordinator to work together to re-word specific wording so it has your organizations branded “Voice and Tone” and, THEN, you as Interactive Media Manager will implement the campaign in the digital space.  Make sure to ask all your questions so that you’re confident that your final product is in compliance with the legislation.

STEP 2 – RESOURCES AND KNOWLEDGE SHARING

Imagine Canada is a national charitable organization whose cause is Canada’s charities. They’ve created an “unofficial” FAQ section specifically for registered charities regarding the CASL.  It’s important to note:  Imagine Canada is a resource and association of Canadian Charities and stakeholders; it is not a replacement for a lawyer.  Though Imagine Canada is part knowledge sharing and part implementation of public policies as an amalgamation of charities, I recommend that you still make Step 1 a priority.  The CRTC has also made themselves available for specific questions about CASL.

RESOURCE LINKS

STEP 3 – BREATHE AND PUT IT IN PERSPECTIVE

I personally have not hired a lawyer to advise me on CASL but my sense from the legal community is that due diligence is at the core of this process. If step one and step 2 lead you to believe that CASL applies to your organization, create a timeline with your online manager and then begin your campaign to incorporate identification, consent and unsubscribe into your CEM. How your online Manager obtains email addresses, tracks and maintains your email listing is an important process for you to know so that all CEM are compliant. All credible email vendors generally provide what’s required. MailChimp is an example of a vendor service where you can pay for your campaigns and emails to be maintained, documented and exported as a quantifiable report if need be.  There are other services such as Constant Contact out there it’s just a question of how much you want to save, spend and the functionality for your organization and the users of your interactive products.

 

 

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