Canada’s new Anti-Spam Legislation: Is it as bad as you think?
Canada’s new Anti-Spam Legislation (CASL) has many non-profit and charity leaders worried. Strict rules have been put into law related to email spam, along with hefty fines for non-compliance.
What does this mean for email fundraising campaigns? How do these regulations enhance or prohibit electronic fundraising? What should non-profits do or not do? What’s all the fuss about?
It seems quite scary, but before you change all your processes and email your entire donor base asking for express consent, there are a few things you need to know about CASL.
Does Canada’s New Anti-Spam Legislation Apply to Not-for-Profits?
The purpose of Canada’s Anti-Spam Legislation (CASL) is to stop spam and data harvesting, and allow users to easily unsubscribe from unwanted email solicitation. CASL applies to all Commercial Electronic Messages (CEMs).
A CEM is an electronic message that encourages participation in a commercial, profit-generating activity.
Good news! This means that it does not generally apply to not-for-profit fundraising!
Electronic media for which fundraising is the primary purpose need not comply with CASL. But don’t stop reading here!
What Activities Does CASL Apply to?
There are some activities that many nonprofits do that ARE considered CEMs. If you engage in any of the following, you need to adhere to CASL:
Selling raffle tickets
Soliciting for registration to your program/service
Recruiting participants for a paid event (i.e. a walkathon, fundraiser run)
Promoting ticketed events (i.e. galas, auctions)
Selling products (i.e. goods associated with your cause “Buy these handmade crafts”)
Any electronic message where you are selling a product or service to users who receive something in return (a commercial transaction) MUST comply with CASL.
Solicitations solely for funds or confirming information need not comply with CASL. Here are a few examples of solicitations that generally don’t need to comply:
Fundraising Campaigns: i.e. Donate to send a kid to camp!
Matching Campaigns: i.e Contribute to our matching campaign!
Notifications that a donation was received
Confirmation of contact information
Messages within spousal relationships
Is the email asking for a monetary transaction? Evaluate what needs to comply with CASL and what doesn’t by asking: “Can this transaction be charitably receipted?” If the answer to your specific question is yes, you do not need to worry about CASL and vice versa.
What to do if you have Messages that Need to Adhere to CASL
Ensure all your contacts have willingly subscribed to your solicitation.
Have your recipients checked a box on your donation form indicating that they want to receive your emails? Is this a voluntary field? If not, you do not have their consent to send CEMs. You can send a brief email to them and ask users to opt-in. Requesting or confirming information is allowed. Your list will be reduced to only those who opt-in, but follow up with a phone call and receive verbal consent to re-add the folks who do not respond. Use the opportunity to thank your donor for their previous support and engage them further!
Make sure your sender contact information is clear in your CEM.
CASL requires all CEMs sent to have a clear sender. Whether this is an internal staff or your executive director, you need to provide the name, mailing address, and either a phone number or an email of the sender.
Provide a simple unsubscribing mechanism
Users who receive your CEM need to be able to unsubscribe easily without cost. Include a link at the footer of your email that allows users to opt-out. Their request must also be processed within 10 business days.
To Summarize...
To sum it all up, take a look at your email calendar and flag which messages may be considered Commercial Electronic Messages. Purely fundraising? No problem! If you have been selling products or services, see how you can update your processes to abide by CASL before the rules come in to effect July 1, 2014. Don’t worry; you have plenty of time to get procedures in order before being reprimanded for non-compliance, starting July 1, 2017.
PS: I wish this disclaimer wasn’t necessary, but here it is: This post isn’t legal advice, and we’re not lawyers. While we think this post is packed with useful information, it is for informational purposes only, and we will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.