CASL Tip #2: Audit forms and messages

There are several important pieces of information which need to be included in both your forms and emails messages to achieve CASL compliance.
To put it simply, without auditing your forms and messages to include this information, you’re not CASL compliant.
In this article, we’ll be covering tip #2 in our ‘CASL Tips’ series: auditing forms and messages. In addition, we’ll cover two useful tips which you can use to maximize consent and subscription on your forms under CASL.

Get more from our CASL Tips series

The truth is, many think it’s impossible to stay competitive in an increasingly digital landscape while maintaining CASL compliance.
But with the right strategy you can maximize growth and stay CASL compliant.
And to help you do just that, we created this CASL Tips series. In this series, we’ll show you how you can stay CASL compliant without negatively affecting your lead generation efforts.
By following the 5 steps in this series, you will be able to:

  1. Ensure compliance of your email marketing programs
  2. Maximize the number of contacts in your database you can email

CASL Tip #2: Audit forms and messages

Form requirements

Use these three required elements on all forms
Ensure each one of your forms achieves the three key elements of CASL:

  1. A clear request for consent, and the purpose for which it’s obtained
  2. The name and physical address of your organization
  3. A statement that the contact can unsubscribe at any time

Make consent optional
Avoid pre-checking the consent option so your contacts must explicitly opt-in in to receive messages.

Maximizing consent and subscriptions on forms

The two recommendations below, used consistently on all forms, will maximize collection of consent and subscriptions while providing user choice. Combine these recommendations with tip number five in this series, send automated consent requests, to achieve best results:

  1. Pre-check subscription options – It’s ok to pre-check subscription options provided the umbrella consent request is unchecked. Make it clear which subscriptions are being selected. (See example 1)
  2. Avoid using a consent checkbox on subscription forms – When the obvious purpose of a form is to subscribe to a list, such as “join our list”, no checkbox is required. Simply clicking the submit button is considered express consent provided the form satisfies the minimum requirements above.

IMPORTANT NOTE: When using pre-checked subscription options on a subscription form, make sure the text on the form text covers all your subscription options.

Emails requirements

Use these three required elements in all emails
Ensure each one of your emails achieves these three key elements of CASL:

  1. The name and physical mailing address of your organization
  2. Contact information, such as a phone number, email or website address
  3. A working unsubscribe link

CASL Tip #2 Action Steps:

To recap, follow these action steps to implement CASL tip #2:

  1. Use a consent checkbox on all non-subscription forms
  2. Ensure the consent option is not pre-checked
  3. Forms include the name and physical address of your organization
  4. Ensure all forms state “I can unsubscribe at any time”
  5. Subscriptions options are visible and pre-selected when consent is checked
  6. Avoid consent checkboxes on forms clearly for the purposes of subscription
  7. On subscription forms, include text covering all subscriptions applied
  8. On email messages, include the name, physical address and contact information of your organization
  9. Include a working unsubscribe link in all emails

CASL has numerous form and email message requirements, so much so that it can be overwhelming, but by following the above tips and action steps you can easily set yourself to be both CASL compliant as well better optimized for consent and subscriptions in the process.CASL Tips is a 5-part series. Enter your email to get the rest of the tips in the series delivered straight to your inbox.

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