Constant Contact Breakfast Series Guest Speaker: Mark Brodsky

MarkBrodskyJune 18th saw the fourth and final in the current series of breakfast seminars presented by Constant Contact for the Chamber to provide information on various aspects of e-mail marketing and social media. The program took place at the Royal Canadian Legion in Stoney Creek. Chamber Members listened to speaker Mark Brodsky talk about the new Canadian Anti-Spam Legislation (CASL) and what its impact is to businesses that compile email mailing lists to keep in contact with their clients as well as conducting on-line marketing campaigns.

The new legislation goes into effect in July 2014 and businesses need to be prepared to be compliant. Canada’s Anti-Spam Legislation (CASL) establishes new rules for sending Commercial Electronic Messages (CEM), and applies to Email Marketing and all Social Media Marketing. A rule of thumb is not to assume that your audiences want all your marketing material; you should get their permission/consent first.

The new CASL Law defines consent as two primary types and their requirements:

Express Consent
• Explicit permission is given (electronically, in writing or orally with documentation) to send CEMs.
• When requesting express consent, clearly describe what they will get.
• Indicate who is requesting permission.
• Indicate that the recipient can unsubscribe.
• Note: a pre-checked box cannot be used to obtain consent.
• Express consent does not expire until the recipient revokes it.

Implied Consent
• Implied Consent is a bit more ambiguous because it tends to be more subjective. However CASL provides that consent may be implied in any of a number of pre-existing scenarios.
• You have an existing business or non-business relationship with the recipient.
• Published electronic address not accompanied by a disclaimer indicating they do not wish to receive unsolicited messages.
• The recipient has disclosed their electronic address directly to the sender.

These are but a few of the more obvious points of the legislation. You can view a complete overview of the new law at

Mark emphasized that every effort should be made to be compliant for email addresses/lists gathered prior to the enactment of the law, however there will be a two year grace period to become compliant. He also emphasized that heavy fines can be imposed for failure to comply.

The presentation was very well received by those in attendance and was followed by a lively question and answer period. The consensus among attendees was that the entire Constant Contact Series has been a very enlightening experience. Members agreed that should the opportunity arise for more information sessions like these, they would be very interested in continuing to attend.