Just about every broker communicates with clients one way or another through email. But how many brokers have updated their subscriber lists to meet the new anti-spam law that comes into effect on Canada Day?
The new legislation – courtesy of the Canadian Radio-television and Telecommunications Commission (CRTC) – will require implied or express consent of newsletter subscribers, comes into effect on July 1 and brokers who currently send out newsletters have a little over one month to become compliant.
President of the Insurance Brokers Association of Ontario Debbie Thompson told Insurance Business that brokers should “absolutely start now; because there is a hefty fine if you don’t.”
The anti-spam regulations will put in place more strict parameters for corporations contacting consumers by electronic communications (i.e. email, text, digital pictures, etc.). It is part of the CRTC mandate to reduce the harmful effects of spam and other potential pressures consumers may feel from electronic commerce.
RSA has been reaching out to its broker partners to ensure they have the correct information to abide by the terms of the new legislation, while still being able to communicate with clients.
When sending commercial electronic mail (CEM) there are 3 simple rules to follow:
1. Consent: you must have expressed or implied consent to send a message;
2. Identification: you must clearly and simply identify yourselves and anyone else on whose behalf the message is sent; and
3. Unsubscribe mechanism: in every message you send, you must provide a way for recipients to unsubscribe from receiving messages in the future. (continued.)
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A CEM can be defined as any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. These include, but are not limited to:
• Sending email messages with the purpose of enhancing the relationship of a merchant with its current or previous customers, to encourage customer loyalty and repeat business;
• Sending email messages with the purpose of acquiring new customers or convincing current customers to purchase something; and
• Sending messages through social networks for commercial purposes.
For brokers, this is a checklist of what they need to do to ensure their email lists are compliant:
1. Review your processes:
o Who are you sending messages to?
o What is the content of these messages?
o Do you have proper consent?
o How are you going to prove you have consent?
o How are you going to manage requests to unsubscribe? and
o Is your staff properly trained?
2. What you can do now:
o Get consent for your current mailing lists if you’re not certain they’re covered; and
o Start keeping records of consent.
3. What you must do as of July 1:
o Start including prescribed information in your CEMs unless an exception applies;
o Stop sending electronic messages as your first point of contact; and
o Stop sending CEMs without consent.
There are several exceptions under the anti-spam legislation. You can view those by clicking
here.
Want to learn more about the legislation and receive regular updates? Visit the Government of Canada’s Anti-Spam Legislation
website.
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