Professional associations (not-for-profit organizations) have adopted email marketing, social media, blogging and text messages as efficient, inexpensive ways to reach members and constituents. But, as I indicated in my last blog posting, Canada’s new Anti-Spam Law (CASL), whose implementation is expected in late 2013 or early 2014, will affect how associations do that.
As lawyers Eva Chan and Victoria Prince (of Borden, Ladner, Gervais LLP) wrote last summer, in the Canadian Society of Association Executive’s (CSAE’s) “Trillium” Chapter E-Newsmagazine, planning for how an association develops its budget, does IT work, marketing, acts to recruit and retain membership, communicates, disseminates newsletters, directories, creates meeting attendee lists, website content and more . . . could all be affected. Prince and Chan write that “Once the law is in force you will not be able to solicit permission by email.”
What kind of communication is affected? Associations will have to secure explicit or implicit permission to contact their recipients electronically, and to record the date of that permission (since there are time limits). Commercial electronic messages (CEMs) are messages sent by any means of telecommunication (including text, sound or image messages), in which one of the purposes of those messages is to engage in a commercial activity. CEMs are the communications that are targeted by the CASL.
After further consultation, I learned that two-way “cold-call” telephone communications will not be affected, since those calls require participation from the recipient and so are not considered in this law to be “spam.” But the CRTC nonetheless has its own rules on telephone communication (more on that, in an upcoming blog). Continue reading “What Canada’s Anti-Spam Law (CASL) Means for your Communication and Marketing Activities . . . .”
