January 8, 2013

Alert: Industry Canada Issues Revised CASL Regulations

This past weekend Industry Canada published a revised set of proposed regulations under the legislation widely referred to as the Canadian Anti-Spam Law (CASL).

Canada enacted a federal law to regulate commercial email messages (CEM) and other wireless and Internet communications, including telephonic messaging (text/SMS/MMS) and instant messages (IM). CASL adopts a consent based “opt in” approach to regulating CEM, as opposed to the U.S. CAN-SPAM Act’s “opt out” framework.
Earlier last year, the Canadian Radio-television and Telecommunications Commission (CRTC) issued final CASL regulations.

Once the Industry Canada regulations are finalized, CASL will become fully implemented and enforceable.
The proposed regulations:
-Clarify the Personal & Family Relationship exemption
-Add an exemption for Commercial Electronic Messages, messages sent by an employee to another employee or to an employee of another organization if the organizations have an existing business relationship and the message concerns the affairs of the organization or the person’s role within the organization
-Provide conditions for the use of express consent when obtained on behalf of another party and how unsubscribes must be adhered to by multiple parties,
-Clarify Membership, Club, Association, and Voluntary Organization definition.

The Industry Canada proposed regulations are open for public commentary until February 4th, 2013. Click here for a copy of the proposed Industry Canada regulations.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.