There are several exceptions to the consent rule,
which include CEMs sent with the purpose of:
• Providing a requested quote
• Delivering a product, service or product upgrade
• Providing safety, warranty or recall information
about a product the recipient has already
purchased
• Completing commercial transactions
• Providing information about an employment
relationship
How to Prepare a CEM
• Establish a CASL compliance committee by
pulling together key voices from senior
management, marketing, legal, IT, HR and risk
management.
• Complete a CEM inventory that includes email
addresses for all current contacts (including
clients, suppliers, business partners, community
relationships, donors and others), a record of
how they consented to receiving CEMs, the date
of consent and the date consent expires.
• Solicit express consent from existing
contacts before July 1, 2014. A great way to do
this is to establish a monthly email newsletter.
Insert a catchy tagline in your email template,
such as “We value your privacy. Click here to
provide your express consent and continue
receiving communication from company name”
and create a hyperlink to the express consent
form on your website.
• Clean up your data. A few weeks prior to July
1, 2014, clear your database of contact
information for any recipients for whom you
cannot prove consent.
• Create email templates that include required
information such as sender contact information
and an opt-out mechanism.
• Document your efforts in case you get audited.
Along with the CEM inventory, it’s also a good
idea to implement an internal CASL compliance
policy.
• Educate employees about when it’s legal to
send a CEM. Provide training on your CASL
compliance policy and corporate procedures.
• Contact third parties that would send emails on
behalf of your company. Ensure they have CASL
compliance policies in place. Additionally,
consider incorporating language into your
contract that ensures the third party will
communicate with you regarding opt-outs in a
timely fashion, alert you if it is cited for violation
of CASL and indemnify you for any costs or
damages arising from its breach of CASL.
• Cover all of your bases by consulting with
Excalibur Insurance Group about your insurance
options. Corporations face penalties of up to $10
million per violation of CASL. A fine like this
would put many companies out of business.
Your company can and should continue to harness
the power of commercial electronic messages, but it
is imperative to be prepared to comply with CASL.
Contact Excalibur Insurance Group to learn more
about compliance as well as options for insuring
your company against potential penalties or
litigation.
(16 pages)
(48 pages)
Manymanuals.com
Manymanuals.de
Manymanuals.fr
Manymanuals.it
Manymanuals.pl
Manymanuals.cz
Manymanuals.es
Manymanuals-pt.com
Commentaires sur ces manuels