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Greetings everyone!

As we are well into January, it is time to consider how the new privacy laws are going to affect our permission e-marketing campaigns. This issue discusses specifically those requirements and has some valuable links for further information. Also if you are receiving too much spam personally, we recommend Spam Arrest. View the demo on their web page to discover how their service works, it is quite entertaining.

Speak to you soon!
Mark Stoffels

Send us a message anytime at mas@masglobal.com or call: 604-831-1600.

 
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Privacy Laws
Canadian Privacy Laws in FULL FORCE

As of Jan. 1, 2004, all companies that collect, use or disclose personal information about Canadian citizens during the course of commercial activities will have to comply with Canada's Personal Information Protection and Electronic Documents Act except in British Columbia, Alberta, and Quebec, where substantially similar provincial legislation supercedes.

Although my research has concluded that we are still a few months away from understanding the specific requirements to comply in our E-Mail Newsletter industry, there are a few guidelines to follow from the American CANSPAM Act that will definitely be future requirements for our Canadian policies.

  • Ensure your sending address to your customer database is from you@yourcompany.com and not from a hotmail, yahoo or non-related e-mail address.
  • Include your postal address in the body of your newsletter.
  • Keep your subject lines to the point without the use of promotional words and/or misleading phrases.
  • Mention why your recipients are receiving your newsletter and continue to provide visible unsubscribe functions.
  • DO NOT harvest e-mail addresses from websites of businesses or individuals you have not spoken to.

MAS Global will continue to design your newsletters and maintain your databases to comply with future privacy policies. If you have any further questions on Canadian policies drop me an e-mail or call 604-831-1600.
As of Jan. 1, 2004, companies doing business in Canada must:

Get an individual's consent to collect, use and disclose his personal information.

Disclose the purpose for which information is being collected at the time of collection.

Ensure that personal information isn't used for any reason other than the stated purpose.

Ensure that personal information is retained for only as long as necessary to fulfill the reason for its collection.

Implement security measures to protect personal data.

Refrain from sharing an individual's personal information without his prior consent.

 
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CANSPAM Act
Effective January 1st, 2004, this American Federal Law could affect your business.

Changing Your Email Marketing Practices to Comply with the CAN-SPAM Act

On December 8, 2003, American Congress passed the "Controlling the Assault of Non-Solicited Pornography and Marketing Act" -- otherwise known as the "CAN-SPAM Act of 2003" -- and eight days later, U.S. President Bush signed it into law. CAN-SPAM went into effect January 1, 2004, largely preempting the 37 existing state laws regulating spam.

CAN-SPAM will be enforced by the Federal Trade Commission (FTC) and other federal regulatory agencies, state attorneys general, and Internet access providers. Below is an overview of the provision of this new, wide-sweeping act.

Who does CAN-SPAM affect?

CAN-SPAM applies to any commercial entity sending commercial email, which is defined as an email message whose primary purpose is the commercial advertisement or promotion of a commercial product or service. Exempted from this definition are transactional or relationship messages, such as email messages facilitating, completing, or confirming a transaction; messages providing specified types of information (such as account status) with respect to a product or service used or purchased by the recipient; messages providing information directly related to a current employment relationship or benefit plan; or messages delivering goods or services that are included in the terms of a previous transaction.

What do you have to do to comply with the act?

CAN-SPAM requires companies sending commercial emails to take the following steps:

Collection and use of email addresses:

  • If a company is planning to share an individual's email address with third parties, it must give recipients clear and conspicuous notice.
For email being sent:
  • A commercial email may not have a false or misleading subject header.
  • It must have a means of opting out of future communications.
  • It must include the sender's postal address.
  • If the recipient did not provide prior consent to receive commercial emails from the sender, the message must include an indication in the email that the message is an advertisement.

Once email has been sent:

  • If a recipient opts out of future communication, his or her request must be honored within 10 business days.
  • The return email address or other Internet-based mechanism for opting out must function for 30 days after the email has been sent.
  • If a sender uses a menu listing which types of email messages recipients may choose to unsubscribe from, the recipient must be given the option to receive no commercial email messages whatsoever.
  • Once a recipient has opted out of receiving future commercial emails from the sender, his or her email address may not be sold, shared, or rented. The sender may not email the recipient again until the recipient consents to receive emails from the sender.


What constitutes a violation of CAN-SPAM?

Violations include the following:

  • Including materially false or misleading information in the header of the email address or in the subject line
  • Not following the requirements for notice and opt out
  • Emailing or sharing an email address 10 business days after a user has opted out
In addition, certain actions are considered "aggravated violations" that could lead to additional fines:
  • Dictionary attacks and harvesting of email addresses
  • Automated creation of multiple email accounts
  • Relay or retransmission of email messages through unauthorized access
Those found in violation can receive fines and imprisonment for between one and five years. Fines can be tripled for multiple aggravated violations.

How does my company decrease our exposure to violations?

Companies that have implemented reasonable practices and procedures designed to effectively prevent violations with due care may have their fines reduced. Companies will need to draft implementation programs and train employees if they wish to take advantage of this provision.

Other provisions of CAN-SPAM

The FTC, in conjunction with state attorneys general, will be working to draft specific provisions for adult content. In the coming months, the FTC will also be promulgating regulations on several provisions of the bill and implementing the act. In addition, the FTC will be doing a study on the concept of creating a nationwide "Do Not Email" list, and has plans to promulgate rules for wireless email.

TRUSTe encourages anyone affected by CAN-SPAM to obtain the advice of their legal counsel. You can read the full text of the act here.

This information is provided by Rebecca Richards with TRUSTe. Rebecca Richards is director of policy and compliance at TRUSTe.

   
   


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