Oh Canada!
In Canada, the Electronic Commerce Protection Act (ECPA) Bill C-27 Passed Unanimously on December 2, 2009. Canada's Fighting Internet and Wireless Spam Act (FISA) C-28 passed 12/15/2010 by the Canadian Government and replaced bill c-27 but failed to go into law. FISA or CASL (Canadian Anti-Spam Law) will go into law July 1, 2014 and here is what it will mean for your organization when sending eMail communications to your members:
- You will be prohibited from sending of commercial electronic messages without the recipient's consent (permission), including messages to eMail addresses and social networking accounts, and text messages sent to a cell phone
- You will be prohibited from the use of false or misleading representations online in the promotion of products or services
- You will be prohibited from collecting personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada)
- You will be prohibited from collecting electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting)
If you have any Canadian eMail addresses in your membership database and can prove that the eMail address is permission based, you’re fine. If you cannot prove that the eMail owner gave you permission to send eMail messages to them, the per incident charge for violating the law is steep. The Canadian Radio-television and Telecommunications Commission (CRTC) may levy fines of up to $1 million for an individual or $10 million for a business that contravenes the Act. Each violation will result in a fine. How should you prepare for this new law if you do not have permission to eMail a Canadian address?
- Review your eMail marketing database and determine which eMail addresses are Canadian
- Reach out to these eMail addresses to request permission to send them eMail communications
For more information view the HighRoad U Webinar: U Need to Know: The New Canadian Anti-Spam Law (CASL).
