10 Tips To Prepare For Canada's Anti-Spam Law

BY: 

Dave Forde
August 17, 2011

With the Canada’s Anti-Spam Law (CASL), Bill C-28 coming into effect in early 2012, Canadian businesses will need to make certain adjustments to their business and organizational practices when it comes to information gathered about their clients and prospects.  Email marketing vendor Constant Contact has put together 10 tips to help organization prepare for the upcoming new law:

1. Be Respectful – Ask for permission to communicate with your contacts. Some email marketers have operated for years with implicit consent to use an address obtained through relationships with customers or clients, but this will no longer be enough once the new legislation goes into effect. There will be a grace period for obtaining explicit consent through opt-in, however anyone who has gathered their contacts with implied consent will eventually have to convert them to explicit. Start gathering explicit consent from your new and existing contacts now so that you are ahead of the game.

Also, recognize that permission can be given, but it can be taken away too. Make sure every email you send has the option for the recipient to unsubscribe or “opt-out.” Interests may change over time and communications may no longer be valuable to a given subscriber. Those subscribers are entitled to withdraw their permission at will.

2. Be Specific – When people sign up for your email list, allow them to select—precisely—their areas of interest (e.g., newsletters, sale notifications, new product or service announcements, event invitations). You can make subscribers feel more comfortable by specifying what they will receive and when they will receive it (e.g., “Sign up for Our Weekly Concert Announcement”). Also, be sure to identify yourself to your subscribers in the “From:” line, and use the name they recognize most easily – your name or your company name.

3. Be Trustworthy – Your privacy policy should be clearly posted, and your address and phone number should be included in all email communications. This adds credibility to your company and your emails even if recipients do not click on the link.

4. Be Straightforward – Remind recipients why they are receiving an email from you. Whether they are a valued customer, a prospect who expressed interest, or a client you want to keep in touch with, the reminder will enhance recognition of your business and put your email into context, thus differentiating your communications from unwanted email.

5. Be Interested – Are your email communications adding value? Is the frequency right? A survey is an inexpensive, easy, and immediate way to find out how your customers really feel about your company and your email communications. So, when you do a survey, don’t forget to ask how your customers feel about your emails.

6. Be Current – People change ISPs, jobs, and email addresses frequently. Often, you’ll be the last to know. Ask for updated information and give subscribers an easy way to change their email address. In addition, provide a way for your subscribers to change their profile, interests and preferences to help you target the right content for the right audience.

7. Be Considerate – Respect the privilege of communicating with your customers and prospects by taking care not to communicate too often. Gratuitous emails are not met with gratitude. Think carefully and plan how many, and what kind of communications you send to your subscribers.

8. Be Diligent – Some subscribers will reply to an email to unsubscribe instead of using the automatic unsubscribe link. Monitor your inbox for unsubscribes and complaints, then make sure you remove unsubscribe addresses right away and take action on any grievances.

9. Be Observant – Look at your reports! There’s a wealth of information just waiting to be discovered. Always pay attention to how many people are unsubscribing from your emails. If you are losing more than .5 percent of your subscribers per month, take a look at all of the elements of your campaigns, make sure you’re following the other nine tips, and make adjustments where you’re falling short. Opens and click-throughs can also indicate where you might be missing the mark.

10. Beware – Beware of strangers bearing lists! Permission is not transferable. Today, subscribers want to receive email from those companies they have subscribed to, not an unknown third party. If anyone claims you can “Blast your ad to over 1,000 safe addresses for only $5.00!” or “Buy a CD with 10,000,000 email addresses for only $99!” this is too good to be true. These lists are not permission-based—they are spam lists.

Back in December 2010, the Canadian government passed the CASL to establish a regulatory framework for permission-based marketing, including email marketing, social media marketing, text, and other electronic messaging. This new framework that will be implemented will help to protect electronic commerce in Canada, deter damaging and deceptive forms of spam, such as identity theft, phishing and spyware, and drive out spammers.

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Dave Forde


Dave “The Connector” Forde has been involved in the marketing, public relations and technology industry across Canada for over 20 years in various sales and marketing roles, he launched The Connected One network of business sites which connects buyers to the right sellers. Profectio and PR In Canada covers news about the marketing and public relations industry each day helping professionals advance their career and businesses. He also serves as an advisor to a number of businesses across the country. Find Dave on LinkedIn and Twitter.


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