Managing New Spam Rules: Don’t Panic, But Don’t Hit Delete

What nonprofits need to know about the Canadian Anti-Spam Legislation (CASL)

Canned spiced ham – known as Spam – kept Allied troops fighting fit in the Second World War.

Digital spam about fetching money from foreign bank accounts simply makes people angry.

So the Canadian government started taking steps a few years ago to deal with email spam piling up in inboxes. New rules requiring organizations to get permission before sending certain types of information accounts for a recent rush of “help-us-stay-in-touch” emails.

As CASL – the Canadian Anti-Spam Law – comes into effect July 1, small businesses and charitable non-profits are left wondering wonder whether the cure is worse than the disease. It takes an enormous amount of head-scratching to sort out what counts as an offending “commercial electronic message,” and what doesn’t. 

Built by Industry Canada and enforced by the Canadian Radio and Television Commission (CRTC), Canada’s anti-spam law comes loaded with grey areas and switchbacks. 

But there is no point in panicking, says a lawyer who specializes in making sense of the law.

“There all sorts of reasons why July 1 is not a significant date,” David Young said in an interview June 26. “As a minimum, you’ve got this transition period, which only starts on July 1 and goes three years hence. There are exemptions under the law.

“An organization should review its existing data base – who it sends to, or what it sends . . . If they do that, they will probably find that, with a large portion of those contacts, they can communicate with them after July 1.”

Capacity Canada invited Young to speak to a group of non-profit leaders. The event June 26 was completely booked.

Charitable non-profits had hoped for the same exemption political parties enjoy. That may still happen, Young told the group. Lobbying continues.

Meanwhile, he offered this advice about CASL:

• Pitches about fundraising campaigns are exempt. And that likely includes events such as galas and tournaments;
• A person who has donated in the two years prior to July 1 is considered to have given implied consent to further communications. Outreach to potential donors, however, needs consent; 
• Business emails about contracts, fees and other administrative matters aren’t regulated by the law;
• Non-profits should have a template with a detailed “footer” below messages. The footer names the organization, gives contact information and offers readers an unsubscribe mechanism.

Interviewed after his presentation, Young said there has been a lot of commentary about the law being too much, too late. Spam runs into tighter email filters these days, he said, and its effectiveness as a marketing tool appears to be in decline.

Young said he had thought the government might revise or junk the law. Non-profits and small businesses have given it a good thrashing, arguing they haven’t got the resources to check for compliance by sifting through mailing lists.

Last December, however, the government stuck to its guns. He wonders whether that has something to do with a heightened interest in consumer issues as a federal election in 2015 approaches.

“They could not let this go,” he said. “They had to be seen as doing something. Spam used to be thought of as a major problem, and we have to protect consumers.”