Email Marketing Compliance and CASL
Thinking about sending marketing emails but wondering if you are breaking spam laws?
Here’s what you need to know.
Why we always recommend gathering emails
Social media is one of the best tools for marketing small businesses but we also must remind ourselves that social media could disappear at any given moment. Remember MySpace or Google+? Exactly. Now we look to Youtube, TikTok, and Instagram to advertise our small businesses and build leads. Social media platforms may come and go but your website, like a brick and mortar store, is here to stay.
The best way to obtain prospective and current customer or client information for leads is by obtaining their emails when they visit your website or social media. This way you can contact your target market directly (in addition to social media) about company and product updates, special sales, and promotions.
According to the Data & Marketing Association (DMA), every $1 you spend on a marketing email you receive $38 in return – amounting to a 3,800% return on your investment!!!
So get cracking on your email list!
Get their emails but don’t spam them – it’s (legally) bad for business
Just because email has an excellent rate of return doesn’t mean you can go ahead and email whoever you want. All businesses, regardless of size, must abide by Canada’s Anti-Spam Legislation (CASL). CASL is federal government legislation that aims to protect businesses and consumers from misusing digital technology. This applies to all emails being sent to, from, and within Canada.
A key requirement before sending your prospective and current customers/clients any marketing emails or text messages is to obtain their express or implied CONSENT.
- Express consent means someone has to agree verbally or in writing to receive marketing emails or texts from you. This can be satisfied by users giving clicking a button.
- Implied consent means the person and the company already have an existing business relationship. Implied consent can include someone buying an item or partaking in an online service from the company. However, it is important to know that implied consent electronic marketing is only legal for the period for which the person has ongoing subscription, account, loan or similar. When the business relationship ends, commercial electronic marketing must also end. Electronic marketing can be sent to recipients who gave implied consent up to two years after their relationship ended, but only 6 months if the relationship was merely a business inquiry.
If you read any of our other blogs, such as 6 Things to Know about Privacy as an Online Health Coach, you may notice a pattern that CONSENT is IMPORTANT!!!
Your emails must also include:
- Truthful advertising: No part of the message can be false or misleading
- Your business name and current mailing address
- A phone number, email, or website address
- Contact information that will be valid for at least 60 days after the message is sent
- An unsubscribe mechanism. The recipient must cease receiving emails within 10 business days of clicking the ‘unsubscribe button’.
Don’t miss out on email marketing, just make sure you do it legally!
Author Credits
Gillian Turvey is a final year law student in the UK and a 2021 EFV Legal Intern, She is specializing her studies towards Criminal and Family Law, and can be found playing with her puppy. Connect with her on LinkedIn.
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