Permission-based email marketing has been a prominent part of the law in many countries globally - most countries now have legislation pertaining to email and online compliance. The latest of these obligations for marketers is in Canada. With the introduction of the FISA Bill there will be a "stand alone" legislation requirement for all marketers to adopt.

What is the FISA Bill?

The Fighting Internet and Wireless Spam Act (Bill C-28) was introduced by the Canadian government in May 2010 and with pending approval. This bill establishes new regulations for anyone using electronic messaging for marketing in Canada.

Including commercial email it also specifically addresses issues pertaining to short message service (SMS), instant messaging (IM), spyware, malware, phishing, pharming and social networks.

A complete guide to the FISA Bill C-28 requirements can be located here: http://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00568.html

Some highlights of FISA versus CAN-SPAM:

What’s the same?

• Requirement to accurately identify the email sender
• Prohibition of false and misleading transmission data/subject lines
• Requirement for an unsubscribe mechanism in all commercial email marketing
• Liability for brands who knowingly allow spam to be sent on their behalf

What are the differences?

• FISA is focused on multiple Internet issues (i.e. spam, spyware, phishing) while CAN-SPAM is focused specifically on unsolicited commercial email only (spam)
• FISA applies to all forms of electronic messaging (i.e. email, SMS, IM), whereas CAN-SPAM applies only to email marketing
• FISA: OPT-IN requirements / CAN-SPAM: OPT-OUT requirements
• Private right of action available to all people under FISA; CAN-SPAM only allows for the ISPs and government to sue you

What’s a marketer to do?

Don’t panic.

Since you are probably already adopting permission-based principles in your current email marketing programs you may have already implemented these requirements and are in compliance.

Seek the legal opinion from your internal / external resources to ensure complete compliance with the requirements.

Coordinate an internal task force to ensure that all of your company's departments are aware of and comply with these regulations for all channels that may be affected.

This is probably a good time to reengage all stakeholders internally and proactively communicate the necessary steps for permission-based marketing efforts.

Remember that permission is the caveat to engagement and relevancy. Once your clients say yes, honor their preferences and allow them to manage their online experience with your brand.

Cheers.

Friendly Disclaimer: While I am not an attorney, nor have I played one on TV, Lyris cannot provide legal advice in any form, so consultation with professional legal resources is always recommended.

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About the Author

David Fowler is the director of email strategy, deliverability and privacy compliance for Lyris. He consults with email marketers to help them get better results from their email programs.

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