Welcome to life under CASL!
Has it changed much for you? I'm betting not.
CASL went into effect July 1st and on that very same day, I received several CEM from local businesses that were not compliant.
Perhaps it's just me, but I have heard about CASL so much in the previous two months that I am a tad surprised there are still those who haven't. It's a reminder that just because a new law is introduced doesn't mean there will be those who don't know a thing about it. So, what to do?
From my perspective, it means you'll still be seeing the occasional notice about CASL in my blog, social media feeds and newsletter. I spend much of my time educating people about what can be done online and how to do it. In that regard, nothing has changed.
Here is what you need to know now that CASL is in place.
- If you have not obtained express consent for your lists, life is not over. You can still send under "implied consent" for the next couple of years although you probably want to obtain express consent from your subscribers ASAP.
- All CEM must identify the sender, contain a physical address that is valid for 60 days after the CEM is sent as well as an unsubscribe mechanism. This applies to email messages and all other forms of CEM including texts and social media.
- Unsubscribe requests must be processed within 10 days.
- From my perspective, messages you send should also have a mechanism for your recipient to indicate they provide express consent to continue to receive your messages. This can be as simple as asking the recipient to respond with "Agree" or "Yes" in the subject line of an email. I checked that method with a lawyer knowledgeable about CASL and she said this would be sufficient.
The sky hasn't fallen, but we're now in new legal territory when it comes to sending CEM. While there's a transition period, it will be over before you know it. Work on gaining express consent now and spare the future headache.