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Timeline: 2004 – Govt. of Canada task force on spam launched 2005 – Task force report

New Anti-Spam Law(CASL). Timeline: 2004 – Govt. of Canada task force on spam launched 2005 – Task force report 2009 – Bill C-27 2010 – Bill C-28 December 10, 2010 – Royal Assent Fall 2011 – Final regulations expected Late 2011 or early 2012 – in force. Why?.

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Timeline: 2004 – Govt. of Canada task force on spam launched 2005 – Task force report

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  1. New Anti-Spam Law(CASL) • Timeline: • 2004 – Govt. of Canada task force on spam launched • 2005 – Task force report • 2009 – Bill C-27 • 2010 – Bill C-28 • December 10, 2010 – Royal Assent • Fall 2011 – Final regulations expected • Late 2011 or early 2012 – in force

  2. Why? • Canada is last of G-8 countries to introduce anti-spam legislation • Our new laws are tougher than those in the U.S. CAN-SPAM legislation • Spam makes up 80% of all global email traffic

  3. CASL • Standalone legislation covering: • Spam • Spyware • Altering transmission data • Amendments to: • CRTC Act • Competition Act • PIPEDA (Personal Information Protection and Electronic Documents Act)

  4. CASL • Amendments to: • Telecommunications Act • If conflict CASL takes precedence

  5. Where Does It Apply? • The new CASL rules apply to electronic messages when sent: • by telecommunication • to an electronic address (e.g. email, instant messaging) • for the purpose of encouraging participation in a commercial activity

  6. Where Does It Apply? • There are exemptions: • family or personal relationships • business inquiries (about recipients commercial activity) • interactive two-way voice communications between individuals • fax messages sent to telephone account • voice recordings sent to telephone account

  7. Primary Requirements • Express consent • opt-in • positive confirmation

  8. Primary Requirements • Opt-out requirements • unsubscribe mechanism • draft regulations set maximum of 2 clicks • opt-outs must be done immediately • draft regulations state within 10 business days • sender’s contact info must be valid for 60 days

  9. Outstanding Issues • Grandfathering • Social media • Consent from minors • Refer a friend programs

  10. Enforcement • $10,000,000 per violation for businesses • $1,000,000 per violation for individuals

  11. Enforcement • Administered by the CRTC • Three year limitation for issuing a notice of violation • Penalties may be levied against: • directors & officers • corporations

  12. Preparatory Work • Scrubbing existing databases or re-qualifying customer and contact lists with fresh, express consent • Modifying procedures for obtaining and documenting consent • Updating relevant documents • third party service agreements • internal email marketing policies

  13. 2011 Benefit Partners • Principal Partner Platinum Partners

  14. 2011 Benefit Partners Silver Partners Gold Partner

  15. 2011 Benefit Partners Gold Partner • Bronze Partner

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