Adapting to life without Oracle

CASL will come into force in phases starting July 1, 2014 The information below should not be considered legal advice. Please consult with appropriate legal counsel before relying upon the compliance information provided below. As of December 2013 both regulators responsible for implementing Canada’s Anti-Spam Law have finalized their regulations. Industry Canada’s guidelines confirm all but one of the expected exemptions, provide needed clarifications to key requirements and delay implementation of the more controversial aspects of the law. Over the past two years we have been updating you on CASL’s developments and efforts by industry groups to address unclear or onerous aspects of its proposed regulations. With Industry Canada confirming all but one expected exemptions and providing detailed guidance in its Regulatory Impact Analysis Statement, marketers should now have an easier time preparing. Here is a summary of key points for Industry Canada’s final regulations: i. CASL will be implemented in three phases:       a. The majority of CASL comes into force July 1, 2014;       b. The rules that apply to computer programs will come into force January 15, 2015; and       c. The private right of action takes effect on July 1, 2017. ii. Industry Canada has provided interpretive guidance on several issues under CASL, including:       a. The definition of a "CEM";       b. The application of CASL to express consent obtained before CASL comes into force;       c. The application of CASL to IP addresses and cookies; and       d. The interaction between the unsubscribe requirement and implied consent. iii. New exceptions have been added for:       a. Closed platforms, which would appear to apply to platforms such as BlackBerry Messenger and social medial networks;       b. Limited-access accounts, where organizations communicate directly with recipients (e.g., online banking);       c. Messages targeted at foreign persons; and       d. Fundraising by charities and political parties. A surprising exclusion of the ‘Reasonable Knowledge’ exemption In its draft regulations, Industry Canada sought to exempt foreign senders in instances where the sender could not reasonably know that the message would be received in Canada, particularly when the recipient does not typically access email within Canada or through Canadian systems.[1] However, in its final rulemaking the Department chose to nix this exemption as “unnecessary,” choosing instead to exempt messages routed through Canada into a foreign state. [2] This omission may create challenges for marketers in situations where it’s not possible or practical to collect country of origin information.[3]  We expect further clarification on this concern from Canadian regulators in the coming months. For detailed information please visit the Canadian Government’s informational website. For summary information please see the following links: http://news.gc.ca/web/article-eng.do?nid=798829 http://blog.deliverability.com/2013/12/canadas-anti-spam-law-casl-is-now-a-done-deal.html http://www.cauce.org/2013/12/canadas-anti-spam-law-coming-into-force-june-2014.html If you would like to discuss CASL’s email-related issues, please email us at digitalprivacy@experian.com or reach out to us through your account teams.   [1] Archived http://www.gazette.gc.ca/rp-pr/p1/2013/2013-01-05/html/reg1-eng.html [2] See Limited Exclusions section of Industry Canada’s Regulatory Risk Impact Assessment, http://fightspam.gc.ca/eic/site/030.nsf/eng/00271.html [3] If a consumer uses a global inbox provider like Google a sender will be challenged to determine where the email is accessed. And since reverse IP geo-location records may be outdated or inaccurate, new technologies and customer self-identification processes may be needed.

Watch our video chat with John Fetto as he shares insights from the Deal Seekers Report. This new report provides an analysis on the six deal-seeking consumer segments and information that savvy marketers need to know about them in order to more effectively target, reach and engage each group. Download the free report and watch John Fetto share some of the data:

As more consumers take pictures, make phone calls, read books and listen to music on smartphones and tablets, these devices replace the functions of the traditional gifts of years past. Read on to learn about this holiday’s hottest products and check out our recent Hot Holiday Products webcast to gain insight into how to capture more consumer visits during this busy season. Hot this week: Experian Marketing Services' analysis of online search trends this holiday season indicates that tech gifts are increasing in popularity this season. Smartphones and tablets rise to the top of the hot product list, as their functionality replaces that of traditional holiday gifts like cameras, books, clocks and stereos. New gaming consoles releasing this season, the Xbox One and PlayStation 4, are among the hottest products for 2013, with PlayStation currently in the lead. Tablets are also popular and the iPad is in the lead. Searches for iPad outperform those for Galaxy by a margin of more than 4:1. Hot holiday products With a scant 26 shopping days this holiday season, retailers need to identify hot products even faster than usual in order to run appropriate promotions and keep shoppers happy. Every year, Experian Marketing Services identifies the “hot products” that consumers want based on online searches driving traffic to the Hitwise® Retail 500, a grouping of the top online retail sites. This year, like last, the immediately recognizable footwear brand Ugg claims the top position on our list, as of November 9th. A new pair of cozy boots may sound nice as temperatures dip, but gadgets and electronics are what consumers are really hot for. Driving demand are two new major gaming consoles that hit the market this season. After several years without a major update, Microsoft will release the Xbox One and Sony will release the PlayStation 4. High consumer anticipation for both consoles won the PS4 and Xbox One a spot at number two and number three, respectively, on our hot products list. As of November 9th, variations on searches for PS4 were about 50 percent higher than search variations for Xbox One; however, the new PlayStation hits stores a week before the new Xbox, so this may change once both consoles have shipped. With smartphones and digital tablets performing the functions of traditional gifts of years past, such as cameras, stereos, books, watches, etc., it’s no surprise that the iPhone 5S, iPhone 5C and the new iPad Air are solid contenders on the hot product list. Likewise, the old-fashioned pedometer has been getting increasingly high-tech to the point where Fitbit, the wearable fitness tracker that links to your smartphone via Bluetooth, is the number four item on our list and searches this year are nearly three times what they were at this point in 2012. But not all of this season’s gadgets are high tech. In fact one of the hottest gadgets burning up the Web this season is about as old school as you can get: the loom, the Rainbow Loom, to be exact. We’ll cover this hot product in more detail in a bit, but it’s the number seven product on our list and one that every marketer targeting kids needs to have on their radar.   Electronic spotlight With the tablet market heating up, iPads still enjoy a comfortable lead in terms of overall search. In fact, as of November 9th, search variations for iPad were more than four times higher than the nearest tablet competitor, the Samsung Galaxy. The Galaxy, however, overtook the Kindle Fire back in April of this year to become the second most searched for tablet. Tech Junkies, the segment comprised of online adults who visit technology review websites and technology content sites, are naturally more inclined to search for electronics and gadgets of all sorts, but they are even more disproportionately apt to be searching for Google and Microsoft products. For example, while Tech Junkies are 69 percent more likely than the average online adult to be searching for “iPad Air,” they are 2.7 times more likely to be searching for “Nexus 7” and 1.3 times more likely to be searching for “Galaxy Note 3,” two Android-powered tablets. Microsoft’s new tablet, the Surface 2, is also searched for by Tech Junkies at rates double that of the average online adult. Toys! Toys! Toys! When it comes to toys, it’s all about rubber band bracelets. In fact, four of the top 10 hot toy searches are tied to this trend. The Rainbow Loom and Crazy Loom (or Cra-Z-Loom, rather), are handheld looms that the young and the young-at-heart use to make rubber band bracelets (think: friendship bracelets) and other crafty creations. Since the start of the current school year, loom-related searches have taken off much to the ire of school administrators who have increasingly taken to banning the item from school premises. Video games aren’t just for grown-ups; they’re also for kids. The Skylanders SWAP Force and Disney Infinity are two sought after kid-friendly video games this year. Both allow players to bring physical action figures to digital life in video games. This is the third game in the Skylanders series and the first of its sort for Disney. Visit and bookmark http://ex.pn/hhp for up-to-date trends on hot products this holiday season, as well as a list of the top 20 online retailers capturing the greatest share of visits to the Hitwise Retail 500. We’ll update the data every Monday, so check back often!