With less than three weeks until the legislation comes into force (July 1st) and most of your CASL planning should be complete. Now is the time to activate your compliance monitoring programs and to test their functionality. after spending time working out the kinks as described in Week 4 start to look at the compliance portion of your program.
What is the auditing process, who is in charge of monitoring the deployment teams are following the processes (remember rush deployment jobs often lead to mistakes), how ofter will you audit the team. Be sure to document these processes so you have them outlined and agreed to by the entire team. Remember that these types of documents and processes can help you in the future should your mailings or processes be questioned by one of the regulators during an investigation or compliance action as part of your du diligence process.
Also be sure to look at your project planning documentation and build in mandatory checkpoints for CASL compliance. “Does this Project collect data from consumers?” if Yes > then you need the following prescribed info at the point of collection… Privacy policy, address, unsub statement, opt-in (unchecked box), etc… It would be a shame to build all these new processes and documents only to launch a new program in a year and miss the basics of CASL on your forms and be out of compliance with the law later due to an oversight in process being managed by another team.
Also if you are using affiliates to help market your products review their practices and your programs policies to ensure that they are aware of your new requirements under CASL and their liability should they violate the legalization promoting your products. CASL’s enforcement teams will follow the money to the source to target companies that are benefiting from the sending of unsolicited communications and willful blindness to rogue affiliates will not be a valid defense under the legislation. Have a process in place to identify these rogue affiliates and deal with them in a timely manor. Every unsolicited CEM they send could cost you significantly under CASL.
