MORTGAGE BROKERS WHO COMMUNICATE with clients or
potential clients using electronic messaging need to review their
practices and ensure they conform to the requirements of Canada's new
anti-spam legislation, slated to come into e ect in July 2014.
Bill C-28, also known as CASL (Canadian Anti-Spam Law), will
impose signi cant restrictions on how companies can use electronic
messages (including email, text messages, instant messages and some
forms of social media messages) for commercial purposes.
CASL Quick Facts
CASL prohibits sending any electronic message for commercial
purposes without the recipient's consent; and collecting and/or
using personal information from the web without consent. CASL
de nes 'commercial electronic messages' as those which "encourage
participation in conduct of a commercial nature, whether or not there is
an expectation of pro t."
How does CASL a ect mortgage brokers?
If you send your clients or contacts e-newsletters, bulk emails; o ers
to purchase products or services, contest o ers, o ers of business or
investment opportunities, and/or marketing text messages, instant
messages, emails or other marketing e-messages, CASL will have
a direct and signi cant impact on your business's e-marketing and
e-communication practices.
Email marketing is permitted where the recipient has given consent
prior to receiving the email. Express consent is not required if there is an
existing business/commercial relationship between the sender and the
recipient or if the consumer has disclosed or conspicuously published
email/contact information without a statement of consent withdrawal
for unsolicited e-communication.
For mortgage professionals, it will be important to be aware of
CASL's de nition of 'existing business/commercial relationship'. It is:
• A commercial transaction with the recipient within the last two years;
• A commercial or investment opportunity with the recipient within the
last two years;
• An inquiry from the recipient in the last six months with regards to a
commercial or investment opportunity or transaction;
• A written contract established between the sender and recipient within
the last two years. e contract may still be in e ect or may be expired.
Preparation for CASL
To prepare for the implementation of CASL, mortgage brokers should:
Mortgage brokers need to prepare for anti-spam legislation
BY JULIA LEE, AMBA Privacy O cer
legislationupdate
• Review and itemize those current practices for sending electronic
messages which would breach CASL;
• Seek express consents meeting CASL's requirements;
• Track and document implied consents and ensure there are systems
in place to identify when an implied consent expires. It would be wise
to seek to replace an implied consent with an express consent as express
consents expire only upon being withdrawn;
• Ensure site allows individual to unsubscribe in accordance with CASL;
• Compare current practices to the legislation, regulation, and bulletin
requirements to ensure compliance.
More information regarding CASL and its e ects on industry can be
found at:www. ghtspam.gc.ca; www.itbusiness.ca; http://www.blakes.com/
english/antispam.asp ■
Spotlight on Spam
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