Let’s talk about new Canadian’s Anti-Spam Legislation

Any time the new legislation appears it creates a lot of controversy and homemade interpretations. There is many people that read it between the words or partially and create usually scary interpretations. There are also those that never read it but have a lot of mostly false words to say. It often creates the panic especially when those allegations reach the media beginning to live its own unnecessary short life.

The best way to fight with it, is reading the source text but not everybody has the patients to read usually complicated long text that often requires law degree to understand it. For those who want to try to digest the regulation I suggest to read the Telecom Regulatory Policy CRTC 2012-183.

For those who hate such kind of lecture or simply don’t have an idea how to interpret it I strongly suggest another links that is much more a human friendly. It is Canadian’s Anti-Spam Legislation – FAQ. You can find there the clear answers for the most of your questions. It should clearly help understand what it means and how it works. And, what it probably most important, it is published by government so it means it can be trusted.

In order to avoid a creation of the false interpretation I will not do it here but I will try to concentrate on the subjects related to “Bulk Mail for Acomba” and explain how this program is complying with the Anti-Spam legislation.

Requirements:

In section regarding Identification you can read:

There are three general requirements for sending a commercial electronic message (CEM) to an electronic address. You need (1) consent, (2) identification information and (3) an unsubscribe mechanism. The questions under this heading relate to the second requirement – identification information.

The first and the scariest section of the legislation is the requirement of the consent. It is the most discussed subject in the media, too. However there is growing the false message regarding requirement of the consent based on the partial interpretation of requirements and the wise of possessing the consent. So let’s concentrate on that.

When you take the e-mail address (let’s say) from the Yellow Pages for Montreal and you want to send the electronic message or the newsletter there you have to send the consent first the when you obtain the positive answer you can send your electronic mail. It is the same when you take the address from the other websites or any third party source. However, I clearly don’t believe that somebody or some business is going to jump on you when you send the e-mail regarding the business they provide because advertising the address will not make any sense anymore. However, if you will send the offer regarding your business using above address the consent is definitely required.

It is different when you get the address directly from the person or business. In FAQ you can read:

The CRTC has issued information bulletins to provide guidance and examples of recommended or best practices. Compliance and Enforcement Information Bulletin CRTC 2012-548, among other things, helps explain what information is to be included in a request for consent. The Bulletin also suggests some key considerations that may make tracking or recording consent easier, and therefore, may make it easier to prove consent. They are:

• whether consent was obtained in writing or orally,

• when it was obtained,

• why it was obtained, and

• The manner in which it was obtained.

It means that if you supplier or your client decided to give you an address the consent can be obtained in writing or orally. In other words if you provide the address book where the client will clearly write its name and e-mail address and will not indicate the oral or written negation to receiving the electronic messages it can be positively accepted as the Express Consent. In such case sending additional consent is not necessary. It is the same when you receive the business card with the e-mail address written on it. If the person giving the card with not stipulate otherwise it can be understand as an acceptation for receiving the electronic mail and the additional consent is not required.

For the following question “Someone gives me a business card: Is that clear consent to add them to my distribution list?” Canadian’s Anti-Spam Legislation – FAQis giving a fallowing answer:

 You may have their implied consent to send them CEMs, as long as:

• the message relates to the recipient’s role, functions or duties in an official or business capacity; and

• The recipient has not made a statement when handing you the business card that they do not wish to receive promotional or marketing messages (CEMs) at that address.

However there is something that you have to remember about:

It is important to remember that the onus is on the sender to prove they received consent.

Recall that consent under CASL is also implied if you have an existing business relationship, existing non-business relationship with the person.

Compliance will be examined on a case-by-case basis in light of the specific circumstances of a given situation.

It means that a continuing of sending the electronic mail to the person or the business that is not happy to receive it anymore can be a reason to legal action against you even if you received the business card without any stipulation.

It is why the “unsubscribe” mechanism has to be clear and easy to access and it is why it has to be respected when the recipient decide to unsubscribe.

Creating such mechanism is easy and can be done with return e-mail procedure using the hyperlink. The client will have to click a hyperlink which will open the return E-mail with the subject “Unsubscribe me” then simply send it back to the sender of an original message.

The other option is a redirection to the webpage when is the Unsubscribe mechanism. This type of process is ideal when the recipients’ data is stored on the website usually in the database. In case of “Bulk Mail for Acomba” it is not fitting well because, the data has to be updated in Acomba Database. It should be more convenient for the new version of Acomba named Acomba X because the new version is using the SQL server for storage of data.

We actually are working on the process of automated unsubscribing of the recipients and soon should be available the updated version of BMFA on our website. We will inform about it on our blog and send individual messages to our clients as well. We also work on permanent removing the clients who want to unsubscribe. The list of them will be displayed separately in case they change their decision. There will be the tool that let you restore the name to the main list of subscribers.

Identification. You will need to log in by entering the name of your company or your name) … All emails sent bulk email for Acomba are automatically identified by the name of the sender.

Are there any exceptions?

Yes. Implied agreements grant you the right to send e-mails to contacts who have not clearly accepted to receive your communications.

For example, a person who signed a contract with you or bought one of your products can receive communications from you for 24 months. After this deadline, you must obtain proof of consent from this person. Similarly, someone who sent you a request for information or a quote can receive business communications from you for a six-month period.

During this time, take the opportunity to obtain proof of consent from these people so that you can keep on having a business relationship with them!

Family or personal relationships

Follow-up on a price inquiry

Purchase or delivery confirmations

Recalls and safety notices for guarantees

Information on a purchase or a subscription