My plans for CASL

[Matt_Stone2]

A little late to the game, but I figured I would post my outline for dealing with CASL and see what everyone thinks:

Affected Leads/Contacts:

•   Email address ends with .ca
•   Country is "Canada" or "CAN"
•   Inferred Country is "Canada" or "CAN"

New Fields:

•   Opt-In (Express): checkbox field, set as FALSE by default, changed to TRUE only via methods below
•   Opt-In Date (Express): timestamped when the above field is checked, cleared if unchecked
•   Opt-In (Implied): checkbox field, set as FALSE by default, changed to TRUE only via methods below
•   Opt-In Date (Implied): timestamped when the above field is checked, cleared if unchecked

Opt-In (Express) Conditions:

•   Any opportunities that closed within the past two years will be set to TRUE; Opt-In Date (Express) will be set to the opportunity close date
•   If a recipient gives express consent via the consent email sent prior to July 1, 2014, or prior to their implied consent expiration
•   Tradeshow badge scans and other situations considered as they arise

Opt-In (Implied) Conditions:

•   Any form submission will set this field to TRUE
•   Any form submissions within the past 180 days will be set to TRUE and use the most-recent form submit date as the Opt-In (Implied) Date

Marketing Suspension Conditions:

•   If a lead/contact unsubscribes, all opt-in fields are cleared
•   If a lead/contact with implied consent has not filled out a form in the past 180 days, an expressed consent email will be sent and all opt-in fields are cleared

Express Consent Email:

•   All leads/contacts who don't fit into the conditions outlined above to opt-in either express or implied immediately will be sent an email requesting express consent that conforms to CASL regulations. One button will allow them to provide the consent. Clicking said button will fire a campaign to change Opt-In (Express) to TRUE and timestamp its date field
•   A daily batch campaign will check any leads/contacts meeting the criteria without express consent and without a form submission in the past 180 days. It will sen the express consent email, clear any opt-in fields and set to marketing suspended

Currently I only plan to use this for Canadian leads/contacts, but will probably adapt a similar process for all leads (but likely with a longer timeline), as a DB cleaning tactic.

If anyone sees a problem with my plan, or has suggestions, I'd love to hear it.

[Anonymous]

Looks pretty solid!
If you are not already I would add a filter to exclude the .ca.us

[Josh_Hill13]

I assume that if someone is already Unsubscribed=TRUE, that you would not set them to opted in under Opt In Express Conditions.

I would consider rolling out your system to everyone when it makes sense to do so.

[Amy_Lepre]

Thanks for posting this. We are doing something similar. I wanted to do this one in particular:

• Any form submissions within the past 180 days will be set to TRUE and use the most-recent form submit date as the Opt-In (Implied) Date

But couldn't figure out how to get the date from the most recent form fill programmatically. How are you planning on doing that?

[Matt_Stone2]

I set up a smart campaign a while back that populated a field, Last Form Completion Date, with the {{system.date}} each time a form was submitted. Unfortunately, this isn't a built-in feature, so if you don't have it, you won't be able to use it (though I recommend setting it up for future use).

For leads that I didn't have this data for, I basically guesstimated and put in a number a few months back. Now that I think about it, though, I think you might be able to use the last interesting moment date, which might be more accurate.

[Anonymous]

Great list! You could also identify Canadians in your database through telephone country codes or postal codes.

[Kavya_Yeri]

Hi Matt

Thanks for sharing this. For the expressed content, how did you set the Opt-In Date (Express) to the opportunity close date?  I understand the idea but i am not sure how do it .

[Matt_Stone2]

For go-forward, it's pretty simple. I just have the following trigger in my Express smart campaign, along with these flow steps:

* note: you can add constraints on here if you only want specific opportunity types to count toward this

For backfilling existing close dates, it's a little trickier, but I believe what I did was run a report out of our CRM of the qualifying opportunities, along with the close date and the contacts attached to them. Then you could simply mash them together in Excel and import that list into Marketo to assign the values to the Opt-In Date (Express) field.

[Kavya_Yeri]

Matt,

Thank you so much for your reply. I know exactly what you are talking

about. Now it all fits in place.

I joined a new company a month ago where they have never implemented CASL.

Is it too late to the backfill now? Do you know if the implied consent has

changed as well. There are so many resources but all of them are kind of

confusing.

Appreciate your help!

Kavya

Kavya Yeri | Sr Marketing Operations Manager | 919.448.8531

<(919)%20448-8531>

On Tue, Nov 28, 2017 at 3:14 PM, Matt Stone <marketingnation@marketo.com>

[Matt_Stone2]

This is a bit of a loaded question, so I'll give you two answers: one that I think is to the letter of the law and one that I personally would do. In general, it's definitely not too late to backfill, and I don't believe anything has changed in relation to the implied consent rules (but I could be mistaken, definitely worth reading the actual regulations again).

Letter of the law version: set up a batch campaign that will only set folks who have met the implied consent requirements within the last 180 days. Do the same for your CRM report of closed opportunities in the past two years. Anyone who doesn't fall into these two groups shouldn't have implied consent marked.

What I would do: follow the letter of the law version for any of your records in Canada. For anyone outside of Canada, you may or may not be following the same rules on consent, but I would enforce it as a go-forward policy unless other regulations apply. For instance, if John Doe is in my database and has never interacted with us in any way, I would not mark him as implied consent. If Sally Sue is in my database and filled out a form in 2016 (e.g. more than 180 days ago), and has not unsubscribed since, I would mark her Opt-In Date (Implied) as whatever day I'm backfilling everyone.

Obligatory disclaimer that you should consult your company's legal team on all of this and I am not endorsing a specific option -- everything heavily depends on the individual business, database composition, etc.