CASL in Effect July 1 - How Are You Managing This?

[Anonymous]

CASL goes into effect July 1. This is the toughest anti-spam compliance law in the whole world. Good article here http://www.lexology.com/library/detail.aspx?g=c463e704-d950-4450-a5bc-0fcdd464b592. So you cannot call, email, text etc. anyone in Canada with expressed opt-in permission. How is everyone handling this in Marketo? I heard Pardot put in place something for all their customers but wasnt sure how we (Marketo customers) were handling this.

Do I need to go into all my campaigns and manually filter out Canada?
Do I need to create a new custom field for opt-in, then add it to all forms then update all landing pages and web pages so it is included?
Do I need to make a smart list of opt-ins to include in all smart campaigns (I have about 50 probably running right now)?
How will this work when there are 4 dupe leads with same email? Does 1 opt-in and not apply to all?

Clock's ticking on handling this strict compliance law. Love to hear how everyone is handling using Marketo. Thanks

[Valerie_Armstro]

For those of you who have consulted with a legal team regarding this new law, do you know if only updating your company's privacy policy is enough to make your company compliant with CASL?   From what I have been able to understand about this law, I believe it does not due to the language around express opt-in, which differentiates this law from CAN-SPAM....but just looking to confirm what I think I already know.

[Anonymous]

I just found out about this law 2 weeks ago and prepared this document for internal and external use that explains our gameplan on how to comply in step-by -step fashion. You will encounter links to smart campaigns that you will not be able to access, but the corresponding screenshots will show the smart list and flow actions within. 

How we will comply with the law at Serena Software
https://www.mediafire.com/?zp8djdz69dg4672

I also recommend watching this Marketo webinar. It was the way I discovered the implied consent exceptions that are so key to maintaining contact with the majority of our Canadian contacts. 

http://www.marketo.com/webinars/getting-ready-for-the-canadian-anti-spam-legislation??utm_source=marketo&utm_medium=email&utm_campaign=na&mkt_tok=3RkMMJWWfF9wsRovu6%2FMd%2B%2FhmjTEU5z14usrWae%2FlMI%2F0ER3fOvrPUfGjI4JTcNqMq%2BTFAwTG5toziV8R7XDLc1ow9IQUhLl

[Dory_Viscoglio]

From my previous comment, I'd like to clarify that lawyers we consulted with felt that the grandfathered thing was true. I would highly recommend consulting attorneys so that you feel secure in the decisions that you're making.

I think that the lack of clarity on this situation is exactly why Marketo is only providing us with so much... this way we aren't relying on their word, or interpretation of the law.

[Anonymous]

Josh - I'd love to check out the resources you shared but the links aren't working for me. Can you send the URLs? Thanks so much!

Gina

[Anonymous]

Thanks for starting this thread! I have tons of questions too and feel like the resources from Marketo have been lacking. I attended the webinar which was a great basic overview of the law but I'm still not clear on what exactly I need to do/change.

Is everyone adding country to every form now and making it required?

In addition, sounds like there needs to be a opt-in checkbox that shows up when Canada is selected as well as supporting language. 

How else are you changing your forms? 

For things for webinar and event forms where usually the resulting confirmation email is operational because they need the info to attend, do they have to check the opt-in checkbox so we can send them the confirmation email?

This is the first I've heard that our current database would be grandfathered in - hope that is the case.

[Anonymous]

How in Marketo/Salesforce do we capture, track this for CASL?

Date, time, IP address, form used, link clicked in email, etc. for consent.

[Josh_Hill13]

Marketo doesn't have anything going on here. I recommend following some of the practices above or from these articles:

https://www.linkedin.com/groupItem?view=&gid=1508927&type=member&item=5879983237807222785&qid=584ead53-f000-44f6-90a5-790057102839&trk=groups_most_recent-0-b-ttl&goback=%2Egmr_1508927
https://www.linkedin.com/groupItem?view=&gid=4909464&type=member&item=5867755333908189186&qid=c1342ed2-df19-4ee3-b4fe-15ddbe5376c7&trk=groups_items_see_more-0-b-ttl
http://annuitas.com/2014/05/29/casl-countdown-for-b2b-marketers/#sthash%2E4htS4skb%2Edpuf

But also I recommend implementing these rules for ALL leads. Why not treat people well and ask them to opt in at all times? So you really don't need your form to change due to Country. But you can do this via Forms 2.0:
 

Display Opt In if Country=Canada.

If you do not know their country, you may know their Inferred Country.

I believe the law provides some leeway for not knowing where the lead is, but all the more reason to apply the law across your system.

If you aren't using an opt in system, then you should somehow suspend all Canadian non operational emails starting July 1. Most firms are trying to entice clear opt ins now, before the law takes effect.


 

[Anonymous]

Hello Josh

How are you handling Canadian leads from trade shows?  Are those leads just not being uploaded to the database?  What if they are requesting more information at the booth?    any suggestions?

Thanks
Jennifer

[Anonymous]

So sounds like my June just got blown up and this is all I will be doing lol. 

What about smart campaigns running? Are you adding filters to everything? I dont have records in Marketo of customers or not so thats not going to work. And I need to add new fields for opt-in and what, select them for people that are 'implied' up until this point? 

We dont have logic to ask for opt-in if country = Canada (too complex in Marketo). I also dont know HTML so cant chane any footer language or parts of the templates. 

Is there a checklist somewhere that Marketo has put together for users? Something like:

- Add filters for country = Canada to all smart campaigns to ensure these are not sent emails?
- Add opt-in field to Marketo and Salesforce
- Run smart campaign for existing customers to populate opt-in field
- If filter includes opt-in field for campaigns, segment this for Canada only
- Lock opt-in field in Salesforce so sales cannot edit/modify

What else??

What happens if the person is in Canada but we dont know they are in Canada? (country field is blank)

[Dory_Viscoglio]

Subscribing... We are also working on this internally, and will update once our lawyers come back to us and I know more about what our final plans are.

A couple of things I know we're doing:

• Unchecking any pre-checked boxes on forms when country Canada is selected (country will be required on all of our forms)
• Adding unsubscribe statement on forms. Consent is not valid unless you make clear on the submission form:  “you can unsubscribe at any time” Or “you can withdraw consent at any time”
• Disabling manual opt-in through SFDC because the burden of proof is on us, and phone calls aren't recorded
• Notified our sales teams to ensure that everyone is aware of the repercussions
• Updating our email footer language slightly

There is implied consent for existing databases for grandfathering-in purposes, implied meaning that they had some kind of transaction with us (including barter) in the past 24 months, so we will be filtering out people who haven't downloaded anything in 24+ months. I've seen some specific opt-in campaigns, but our main plan is to continue sending offers to people where we have implied consent, so that they can officially opt-in using our new forms. 

[Anonymous]

Hi Christina,
just for your information if you didn't see it, there was a lot of discussion about that in the community and also a webinar. Just two links:

1) http://www.marketo.com/webinars/getting-ready-for-the-canadian-anti-spam-legislation??utm_source=marketo&utm_medium=email&utm_campaign=na&mkt_tok=3RkMMJWWfF9wsRovu6%2FMd%2B%2FhmjTEU5z14usrWae%2FlMI%2F0ER3fOvrPUfGjI4JTcNqMq%2BTFAwTG5toziV8R7XDLc1ow9IQUhLl

2) https://community.marketo.com/MarketoDiscussionDetail?id=90650000000Pm9lAAC

Best regards

Steffen