Are you prepared for Canada's new anti-spam law?Canada has a new anti-spam law that is expected to take effect later this year.

The law is broad and the penalties for non-compliance are very steep.  Virtually every person and business in Canada will be affected by the law and will need to rethink how they send emails, voicemails and other telecommunications. 

Here are some highlights:

• The law prohibits any person from sending (or causing or permitting to be sent) acommercial electronic message unless the recipient expressly or implicitly consents to receiving the message.
• The definition of "commercial electronic message" is very broad and includes any message sent by telecommunications (including e-mail, text messages, voicemail, social media communications, etc.) if the purpose of that message is to encourage participation in a commercial activity.
• Commercial electronic messages cannot be sent without the recipients' consent.  Consent can be express or implied, and there are specific rules for how to obtain consent.   There are some limited exceptions to the consent requirement.
• All commercial electronic messages must identify the person who sent the message(and if different, the person on whose behalf it was sent); provide accurate contact information for these parties; and sent out by a mechanism through which the recipient may unsubscribe.
• The recipient must be able to unsubscribe using the same means by which the message was sent.  There are specific rules and time limits for complying with unsubscribe requests. 
• The maximum penalty for a violation of the legislation is $1,000,000 for an individualand $10,000,000 for a corporation or other business entity.  These fines are imposed per violation, and a violation is defined as being separate for each day that it continues.
• Violations under the Act create both direct and vicarious liability, and directors or officers of corporations may be personally liable for the corporation's violations. Employers are also liable for violations committed by their employees acting within the scope of their employment. 

Davis LLP's Technology Law Group would be pleased to help you comply with the new legislation.  For more information, please contact Chris Bennett or Dave Spratley.

Have you ever taken the time to try and walk your business in the shoes of your customer?  I am sure right now you are rolling your eyes and thinking, "Of course I have!".  But have you REALLY?

We become so entrenched into our own routines and habits, not all of them good, and we can easily become blind or desensitized to our surroundings.  We become tunnel visioned in our processes and what we "think" needs be done when in fact we are missing other vital areas in our businesses.

Take the time to to:

1.  Walk a mile 
Do it in your customer's shoes, from their perspective.  What is the entrance or entry to your business like?  Is it welcoming, tidy and organized or do you have stacks of unopened mail, boxes or dying plants?  A first impression is instant and lasts a long time.  Don't give it away to your competitor because your business is behind in processing boxes and shipments.  If needed, move your receiving as far away from your entrance as possible.

2.  The Buy-in:
Go through a full sale process or buy in for your business.  Every step, every level and take a good look at all your tools and processes.  Does any part of your presentation, paperwork, invoicing brochures need updating?  Does your corporate brochure still show a photo from 1972?  Freshen up and make sure your tools reflect a current, thriving company.

3.  Take it to the front lines:
If you have staff, assistants, sales staff, floor staff, phone service, etc.  Test drive their skills regularly.  A professional, cheerful greeting on a phone is always going to translate to a warm fuzzy for the customer.  Make sure your people are reflecting that warmth in all levels of greeting, sharing of data and customer service.  If you do not have time to mystery shop/call your front line staff, pay a company to do it.  

4. Process Perfection:
Make sure you have looked at every step involved in closing a deal, sale or client in your business.  How many steps are there?  Now what can you do to dissect each step and make it as streamlined as possible.  Is their a software program or App that will allow you to spend less time on each step?  Getting to the close is an art form and it need not be rushed; just more efficient.  For example, for my chain stores, we are looking at improving our gift registry programs to allow for faster instore processing and more efficient and quicker sharing of those details with all of our stores.  This helps the customer get the job done efficiently and aids staff by finishing more quickly as they can focus on the next customer's needs.

5.  Online Presence:
Walking a mile IN your business also means ON your business ONline.  If you have a sign up program, newsletter, email log in etc.  Be sure to go through the processes to check on every step, every link.  Does your pop-up sign in box need to be updated?  Can you freshen up your database links and images?  Have you tested the signup process to make sure all redirects are working properly?  Maybe change the redirect once in awhile, to your blog, a news article or new company product or service.  Invest in keeping it fresh and current!