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Canada’s Anti-Spam Legislation CASL

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Canada’s Anti-Spam Legislation and Your Nonprofit

On July 1st 2014 a new legislation will be in place that will regulate how businesses conduct electronic communications.
What is the Canadian Anti-Spam Legislation (CASL)?

CASL was developed to deal with electronic spam and it has 2 main objectives:

    1. To limit the ability of companies to send unsolicited emails
    2. To prohibit and control unwanted download of programs onto people’s computers (malware)

Basically this legislation will regulate how companies can send unsolicited emails. It defines the framework on how commercial electronic messages are used. By providing an enforceable guideline on how the messages are composed. Commercial Electronic Message means that the message is soliciting business in some way.

It requires:

    • Authorization from the recipient either implicit or expressed
    • A clear indication of who is sending the message with the provision of a way to contact the person or company back.
    • Clear directives on how to unsubscribe.

Why would you worry about the Canadian Anti-Spam Legislation (CASL) if you are a charity or nonprofit organization?

Most charities or nonprofit organizations who fund raise also make money by charging a fees for products, services or participation in activities and/or programs.  If you use mass emails for this purpose you must be aware of CASL and ensure your organization complies.

Also you may use an outside company for your fundraising or perhaps use a service such as Constant Contact, if so you must ensure they comply with CASL

Fundraising emails from Charities are exempt; however the same does not apply to nonprofits.

There are stiff penalties if your organization fails to comply once the legislation is in effect ranging from 1,000,000 for individuals; to 10,000,000 for organizations also Directors and Board of Directors may be held vicariously liable. That is why you must worry about it!

Please ensure you are in compliance. Have your IT department review your policies/procedure. Call Tektonic at (416)256-9928 for a consultation.

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Date: April 29th, 2014, Author: Jorge Rojas

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