Confusion Surrounds Canadian Email Law: Study

Planning to do any email marketing in Canada? You better be aware of Canada’s Anti-Spam Legislation (CASL) 

But don’t be embarrassed if you’re not: Many Canadian marketers don’t know much about it either.

Cyberimpact, a Canadian email marketing company, found in a study that 42% of email marketing users don’t understand the law. And 49% are unaware of its consequences. 

“Knowing that the anti-spam legislation has been in place for more that three years, these results are embarrassing, even troubling,” states Jean-Francis Lalonde, president of Cyberimpact.

He adds that “CASL is still a mystery.”

The law differs from U.S. regulations in that it requires an affirmative opt-in consent instead of an opt-out.  That said, ignorance apparently still reigns.

In September, the Standing Committee on Industry, Science, Technology of Canada’s House of Commons started a legislative review of CASL.

Even if they don’t understand the law, Canadian marketers think it’s hurting them. According to the study, 58% feel the law negatively impacts their competitiveness, compared to U.S. companies.

Lalonde notes that CASL is “unique in North America. There are hundreds of software solutions available on the market to facilitate email marketing, but most of them have been created for the American market.”

He claims that his firm is an exception. But he argues that "The government must clarify the question of consent management. At the moment there is legal uncertainty that confuses Canadians.”

Lalonde adds that “Canadians would be well advised to make themselves aware of the particular nature of the law and abide by it.”

Of the thousands of email marketing users surveyed, 75% feel the government isn’t efficient enough in handling complaints. And 69% say the government hasn’t done a good job of raising awareness among SMEs.

 

1 comment about "Confusion Surrounds Canadian Email Law: Study".
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  1. Derek Lackey from e10 egency.com, November 18, 2017 at 8:20 a.m.

    CASL is not confusing at all - if you read it. If you don't, of course it would be confusing.

    CASL is simply what marketers should have done with email marketing from day one:
    1. Ask permission - the reecipient owns their inbox.
    2. Reveal who you are up front.
    3. Provide contact details to allow the recipient to easily communicate with somone.
    4. Allow them to unsubscribe in every message.

    What's so difficult? The fact that we now have to prove consent and track all sending is a tougher standard than just "let r rip" - that can be difficult for some organizations.

    As a marketer I am quite embarassed that the government had to step in andf force us to treat our prospects and customers with more respect. But it seems we cannot help ourselves. Next up: how you collect, track and store personal data for commercial purposes. Keep your eye on GDPR in the EU. It makes CASL look like a very soft touch...

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