While the fight against spam is a moving target, and the efforts to avoid spam filters for legitimate messages are likely to be ongoing for the long term, a number of best practices for managing email, including Market Research email communications, have emerged. This article outlines the high-level requirements email communications must meet to be compliant with Canada's anti-spam legislation.
Details
Canada’s anti-spam legislation (CASL) started July 1, 2014. CASL requires that a request for express consent contain all the prescribed identification and contact information. Express consent cannot be obtained via a commercial electronic message after CASL comes into force, unless you already have implied consent as defined in CASL.
If you are sending commercial electronic messages to an electronic address, then you need to comply with three requirements. You need to: (1) obtain consent, (2) provide identification information, and (3) provide an unsubscribe mechanism. The information in the communication must contain the following:
Identification
Identify your business name, if different from your name (if not, identify your name) and the name of anyone else on whose behalf or business you are sending the message. The branding should be consistent and recognizable in all elements of the message ("from" and "reply to" addresses, URLs, etc).
Contact information
You must include your mailing address. You must also include one of: a phone number to access an agent or a voice messaging system, an email address, or a web address for you or the person on whose behalf you are sending the message. Ensure these contact methods are accurate and valid for a minimum of 60 days after sending the message.
Be clear
Include clear, concise explanation of why the recipient is receiving the message. This should include links to information about the date and form of the affirmative consent and confirmation, or —in case of a recruitment— a prior consent for mailing. If you are using a link to provide the required information, the link must be clearly and prominently displayed in the message.
Unsubscribe instructions
Ideally both by email (an "unsubscribe" email address) and by web (a link which, if followed, will result in the unsubscribing of the recipient). Unsubscribe requests should be dealt with expeditiously. Ideally, the recipient should receive at most an email communication informing them that they have successfully been unsubscribed.
More Information
For more information about CASL please visit the Canada’s Anti-Spam Legislation page.
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