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EmailKarma – CASL: Industry Canada Published Draft Regulations

EmailKarma – CASL: Industry Canada Published Draft Regulations

EmailKarma - CASL: Industry Canada Published Draft Regulations

EmailKarma - CASL: Industry Canada Published Draft Regulations

By: EmailKarma

Industry Canada published draft Electronic Commerce Protection Regulations (the “Draft Regulations”) under Canada’s Anti-Spam Legislation (CASL) for comment in the Canada Gazette on January 5, 2013. Industry Canada and the Canadian Radio-television and Telecommunications Commission (CRTC) share responsibly for developing regulations under CASL, and since the CRTC published its Electronic Commerce Protection Regulations (CRTC) in March of 2012, the Industry Canada regulations remain the final outstanding piece of the legislative puzzle.

Industry Canada first published proposed regulations for comment in August, 2011, resulting in comments from 55 stakeholders, many of which are incorporated into the Draft Regulations. Industry Canada will be accepting comments on the Draft Regulations until February 4, 2013, with final regulations to follow some time thereafter.

The Draft Regulations – which contain the following provisions – will ease the compliance burden on businesses without undermining the objectives of preventing spam and related online threats:

  • definitions for personal and family relationships;
  • new exemptions for routine business communications;
  • an allowance for third-party referrals;
  • conditions for the use of consent collected on behalf of an unknown third party;
  • specified computer programs where express consent may be deemed; and
  • definitions of membership, club, association and voluntary organization.

Definition of personal relationship broader, more flexible, no “in-person” requirement

CASL exempts any commercial electronic message (CEM) sent between two persons who have a personal or family relationship, requiring Industry Canada to define both of these concepts in regulation.

A number of stakeholders commented that the definition of a “personal” relationship that appeared in the previously published regulations was too narrow, given the requirements for an “in-person” meeting as well as a two-way communication having taken place within the previous two years. Industry Canada removed both of these requirements.

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  • Profile:  Jeff Ginsberg has 17+ years’ experience and is an industry known authority on email marketing who gets in the trenches with clients and helps them fulfill their marketing objectives, increase revenue and brand engagement. Clients rely on him and his team at The eMail Company to provide them with expertise from strategy to technology and from campaign management to channel integration. Jeff has worked with clients across all spectrums in the financial, automotive, retail and consumer packaged goods space. His experience covers both B2B and B2C markets. He has a strong background in educating and training agencies and clients about email best practices and is a wealth of knowledge when it comes to marketing tools and vendor selection. While Jeff’s team may be small, they know how to solve BIG email marketing problems. Looking for help with your next campaign? Don’t be afraid to give him a call – Jeff and his team ready to help you today. Give me a call: Toll Free: 877-We-eMail (877-933-6245) Local: 416-225-7711 eMail: jeff@theemailcompany.com
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