June, 2017 | Article
Why Anti-Spam Legislation Will Make Your (E-Mail) Life So Much Better
Globally we’re seeing that anti-spam legislation is becoming much more common. In fact, as of July 1st, 2017, Canada’s center piece legislation moves into it’s second, and arguably most significant phase – the ‘right of private action’.
Since its inception, all I have heard in relation to Canada’s anti-spam law (Canadian Anti-Spam Legislation or "CASL"1) is how high the fines are and how shattering its impact will be. My response is – ‘take a breath’ – it’s going to the best thing that has happened to your eMarketing efforts in a long, long time.
CASL, for those who don’t know, has the following key concepts:
1. Starting 1 July 2017, the ‘right to private action’ comes into force. Meaning, in addition to the Canadian government, anyone may bring action against a non-compliant firm.
2. Lists must be opted in, meaning the firm must have documented proof of a person’s consent to receive firm communications as well as all the procedures around compliance.
3. Is focused on commercial electronic messages (CEMs) sent via email, SMS or social media as well as downloaded software sent to, from and within.
Just like when the anti-spam law was first passed in 2014, I believe this is not a moment for doom and gloom, but rather a great opportunity to step up our best practice efforts. The intention of the legislation is to drive firms towards respecting their contact's wishes. This only benefits a firm as it leads to better understanding of their clients, and helps build stronger and more rewarding business relationships as a result.
Expanding on the key concepts articulated above, the legislation is saying that a commercial electronic message (CEM) can only be sent to a person who has consented to receive it. Additionally, firms need to have a way to not only track who they’ve mailed, what was sent and when, but also the date consent was given2. CASL also wants the sender to be identified, including the name of the firm, with the mailing address and either your phone number, email or web address. The third requirement, which won’t be new to most of you, is to provide an easy way to unsubscribe in every message, and this must be processed within 10 days.
What everyone that sends a CEM needs to know is that this legislation applies to anyone sending marketing emails to Canada, as well as from and within Canada. So, marketers in Canada, the US, or indeed anywhere in the world, need to understand is that CASL impacts them. The penalties for non-compliance are severe – up to $10,000,000 CAD per occurrence!
So the panic that I’m hearing in the industry is that the new law will impede marketers and make life extremely difficult. My view is that this simply isn’t the case. Compliance with this, or with any other anti-spam legislation, means that we’re always communicating with people who are genuinely open to hearing from us. It’s going to build much stronger relationships with your clients.
It also means that in time there’s going to be less disreputable and unwelcome spam email out there, so clients will be happier to receive commercial emails. What’s bad about that?
Best Practices
For me, the really good news is that anti-spam legislation drives us all towards best practice. We all work to create compelling content and get it out to our clients. Too often the missing link is that we’re not processing the responses effectively – we’re not closing the loop. Quite simply, best practice is where you are the custodian of all the feedback that you get in response to campaigns.
Doing this calls for a comprehensive, centralized database that shows us who has responded and what they’ve said, so we can react accordingly. It means we take ownership of everything the client is telling us. We are listening to our clients, and that’s a powerful thing. Because only then can we become much better at communicating with the client over time. We see how regularly they’re opening what we send, we find out if they’re opting in or out, and we learn what they like and don’t like, and what they’re interested in. We can then leverage that information in the most effective way, refining both the content and the consumption medium as well as who we contact and when.
Without best practice and a closed loop, we’re operating in the dark. We just keep sending the communications out and not getting back data that tells us what clients want, and what they want us to do. It’s hard to be relevant and timely. And we’ve gained no real insights on which to base future campaigns so they can be refined and made more impactful.
Anti-spam legislation tells us to ask ‘do you want to receive this?’ And actually, why wouldn’t you want to know? This is where the real value lies. Law firms are full of experts and easily capable of generating really compelling content that is valued and sought. When clients get the right information it continually builds and strengthens the relationship up to the threshold where they’re ready to engage the firm. Ours is the perfect industry for the use of eMarketing. But only if you’re closing the loop. Just prioritize anti-spam legislation compliance and already you’ll have a better business with better relationships.
Third-Parties
Another component of best practice, and of anti-spam legislation, is that you must clearly demonstrate that the contacts on the list have opted in. In this context, using third-party mailing list providers and pay-as-you-go options may not be the safest route. If you’re using a third-party, check that what they’re doing on your behalf is compliant. Note that under CASL, the firm is responsible for the third parties’ lists… put another way, the firm cannot sweep any deficiencies of the third party under the carpet or plead ignorance.
“Bought-in” lists pose a particular problem. Where’s the audit trail that shows the evidence that all the names have opted-in? When every element is handled inside your organization, with the right system in place you have the comfort that evidence of compliance is at your fingertips. Otherwise, clearly law firms need to assess the risks very carefully, because quite apart from the reputational repercussions, which can be significant, the financial penalties of non-compliance may be significant. In the latest CRTC update, there have been several actions over $100,000 and the largest to date is over $1,000,000.
Technology Solutions
All this may sound grim and complicated, but fortunately, embedding best practice and compliance in your firm isn’t difficult. eMarketing software is a key component in your compliance efforts and should give you everything you need to handle email marketing in-house. These systems can provide a powerful broadcast capability based on targeted opted-in mailing lists, plus automated contact updating. Responses are recorded in real-time, against the contact’s record, including date, time and their stated wishes. They can also generate re-applications in good time to maintain compliance.
The better eMarketing systems can also provide the ability to track results to a granular level, providing the power to refine truly effective campaigns. They will supply a comprehensive reporting suite showing individual message results, as well as full history details. They track clicks, opens, categories, exclusions, bounce backs and even social media preferences against both the company and the contact. Some systems even enable clients to update their own contact information to ensure uninterrupted delivery of sought after content. Using the right eMarketing technology, you can learn enough about your clients to always target the right person, at the right time, with the right message.
Remember that building the client relationship is the real value proposition here, and one that the best eMarketing systems fully deliver on.
Never a Better Time to use eMarketing
Finally, bear in mind that there’s never been a better time to use eMarketing. Recent research shows that it remains hugely effective. 2015 data provided by Marketing Sherpa showed that over 70% of business users view email marketing as a go to communication medium. Moreover, today’s technologies enable deeper analytics, richer content, and provide more and more email access platforms. eMarketing systems are game-changers too by empowering eMarketers with control and visibility, enabling us to easily embed best practice, turning a blunt instrument into a surgical tool. If anti-spam legislation can be the catalyst for us all becoming much more effective eMarketers – then I say, ‘bring it on!’
Sources
1 Known as Canada’s Anti- Spam Legislation (CASL), it also known as the Fighting Internet and Wireless Spam Bill, Bill C-28.
2 Disclaimer: The information contained in this article is general in nature and provided as reference material only. This information is not legal advice.