July CASL Deadline Looms, Are You Ready?

by David Mandar

CASL Recruiters


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We wrote a few weeks ago about the Upcoming CASL deadline and what it means to Recruiters and Agency Owners.

Have you looked into this yet? Have you made some changes on how you are approaching both clients and candidates?

If you haven’t had time to read up on CASL or think that the hype will eventually die down, then please keep reading. If you think, it’s the same as the anti-spam law in the States, then please keep reading. If you think you’re in tight with all of your clients, then please keep reading.

Canada’s CASL Stands Out

The thing is, this new law is quite different from other countries. As stated in the Canadian HR Reporter:

“Among the various G7 countries, Canada has the most onerous version of anti-spam law, according to Kelly Nicholson, a partner at Field Law in Calgary.

“It ends up regulating almost all electronic messages that are sent for commercial purpose and, probably more problematically… what CASL does is impose an opt-in consent regime as opposed to an opt-out regime, which is what we see in the U.S., for example.”

This means that offering an opt-out and leaving it up to the clients or candidates to do so will no longer do. This onus is on you.

Penalty?

And if you don’t comply? The risk is being held liable at the tune of $1M for individuals to $10M for corporations per violation! Furthermore, if you have staff, you could be held liable for your employees and any third-party agents.

So if you haven’t already, stop and examine this new electronic communication’s law. Big business has been preparing for this upcoming deadline for months. You need to follow suit. Not only will it protect you from penalties, but make you more desirable to your clients both present and future, reassuring them that you won’t be a CASL risk to them.

First Thing To Do

Get onboard!

Learn all you can about CASL. We have a free CASL webinar for Recruiters and Agency Owners Friday June20th where we’ll discuss some steps you need to take.

Alternatively, you can look up the law itself or do a Google search; you’ll find lots of helpful articles. But I strongly suggest you take all of the fear hype with a grain of salt. I’m not saying the risks aren’t significant or real. Quite the opposite. What I’m saying, is to stay in control and make sure you reside in the no-risk zone.

Get a Game Plan

Now that you are clearer (unfortunately, it’s not black & white) on the regulations, draw your plan of action. Start asking how you will contact candidates and clients.

Whether, you are a Recruiter or Agency Owner, you will need to revisit your current and past candidates and clients on file. At some point, sooner than later, you will have to decide who you will contact and ask for permission to connect electronically. Don’t forget after July 1st, you will no longer be able to contact some of these by email or text. (Some clients fall in the exception area.)

Start figuring out how to connect with future candidates and clients. If you have employees, you’ll have to set some standards, because remember you can be held responsible. Plus, without some CASL standards, some clients may not even look at you.

What We’re Doing At Curta

To start the process at Curta, we’ve taken three initial steps. We started to communicate to everyone on our email list for permission to continue emailing them with articles, promotions, tips, etc. Only those who have agreed and signed-up to be on our list for those specific communications will receive any of our emails after July first.

A second step was to get into the habit of asking our new contacts whether they want to be on our email list – again specifically stating what the list is for.

As a third step, we implemented a contact policy. Unless requested or permitted online, such as being directed to a contact form, all first contacts take place on the phone or in person.

One thing is certain, complying with CASL forces us to go back to the traditional ways of communication, and that’s not necessarily a bad thing. It’s simply a change that if done right will create stronger business relationships.

 

So, what changes have you made to be CASL compliant? If you haven’t yet, you better start on your game plan. July 1st comes soon.


 

David Mandar

 

Utilizing over 20 years of experience within the Information Technology field, David has grown progressively through his career in Recruitment and Staffing. He is currently a Curta Coach, assisting fellow recruiters and agency owners, new to the industry and experienced, get off the recruiting hamster wheel and love their work by applying smart processes that raise the quality of hires and result in a greater business and personal brand.

 

* bomb image courtesy of freedigitalphotos.net

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3 responses to “July CASL Deadline Looms, Are You Ready?

  1. Thank you David for the article, very helpful. I am wondering one more thing : To prove the consent obtained over the phone, if candidates should send us an email confirming their consent after the initial call ? Would that be CASL compliant ?
    If somebody can help me on this, it would be greatly appreciated 🙂

    Eve

    • Eve,
      Yes, it would definitely be CASL compliant to keep their permission via email on file. In the end, it’s all about minimizing risk. The more proof you have, the better armed you are against risk.

      However, if your candidate is not responding or not sending the email back for some reason, you can keep the date of the permission and the details around that permission (for example: gave permission over the phone, for me to email him about opportunities in so & so industry. Keep it in a spreadsheet), but of course that’s not as strong as the actual email with the candidate’s permission.

      Also remember that all emails you then send must include:
      – No false or misleading messages,
      – Your name and business name,
      – Current mailing address,
      – email & phone number,
      – and always offer the option to ‘Unsubscribe’ or delete from your email list.
      (You may want to include the last 4 in your email signature.)

      The government just put up some new info including a handy info graphic you can print and display in your work area at http://fightspam.gc.ca/eic/site/030.nsf/eng/home.

      Hope that helps!

  2. I’m late to respond but thank you for the additional information, it has been very helpful !

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