The Canadian Anti-Spam Law of 2010, also known as the Electronic Commerce Protection Regulations (CRTC), is a legislation that governs the transmission of commercial electronic messages (CEMs) in Canada. CEMs are required to contain the sender’s business name, a statement identifying the sender and any individuals acting on their behalf, as well as contact information for the sender or the person acting on their behalf. Requests for consent to send CEMs must also include similar details and a statement indicating that consent can be revoked at any time. It is illegal to install computer programs on someone else’s computer without their consent if these programs perform specific functions. The law was implemented on July 1, 2014, and January 15, 2015, for different sections.
The Canadian Anti-Spam Law of 2010 governs the sending of commercial electronic messages (CEMs) in Canada. The Canadian Radio-television and Telecommunications Commission (CRTC) has established the Electronic Commerce Protection Regulations (CRTC) under this law. These regulations outline the necessary information to be included in CEMs and requests for consent, as well as the permissible functions of computer programs. When sending a commercial electronic message in Canada, the sender must include the following:
– The name of the sender’s business or the sender’s name if the business does not have a different name.
– If the message is sent on behalf of another person, the name of that person’s business or the person’s name if the business does not have a different name.
– If the message is sent on behalf of another person, a statement identifying both the sender of the message and the person on whose behalf the message is sent.
– The mailing address and either a telephone number, an email address, or a web address of the sender or the person on whose behalf the message is sent, if applicable.
For instance, if a company sends an email promoting its products, the email must include the company’s name, the name of any other person on whose behalf the email is sent, and contact information for the company or the other person. The required information must be clearly and prominently displayed, and the unsubscribe mechanism mandated by the law must be easily accessible. For example, if a company sends an email promoting its products, the necessary information must be readily available in the email, and the unsubscribe mechanism must be user-friendly.
According to the law, it is illegal to send a commercial electronic message or install a program on a computer without the owner’s consent. Any request for consent must include:
– The name of the person seeking consent or the person’s business name, if applicable.
– If consent is requested on behalf of another person, the name of that person’s business, or the person’s name if the business does not have a different name.
– If consent is requested on behalf of another person, a statement must identify both the person requesting consent and the person on whose behalf consent is requested.
– The mailing address and either a telephone number, an email address, or a web address of the person requesting consent or the person on whose behalf consent is requested, if applicable.
– A statement indicating that consent may be withdrawn at any time.
For example, if a company wishes to send promotional emails to its customers, it must first obtain their consent by sending a request that includes the required information as per the law. It is also illegal to install a computer program on another person’s computer without their consent if the program performs specific functions, such as collecting personal information or interfering with the person’s control of the computer. Any request for consent to install such a program must bring the essential elements of the program to the person’s attention separately from any other consent request, and the person must acknowledge in writing that they understand and agree to the program’s specified functions. For instance, if a company intends to install a program on a customer’s computer to gather information about their browsing habits, it must first obtain the customer’s consent by sending a request that includes the necessary information as required by the law.
The Canadian Anti-Spam Law (CASL) is a legislation enacted in 2010 to regulate commercial electronic messages (CEMs), including emails, text messages, and social media messages, sent to Canadian recipients.
The main purpose of CASL is to protect Canadians from unwanted and deceptive electronic communications, such as spam, phishing, and malware. It aims to promote trust and confidence in electronic commerce.
CASL applies to anyone who sends commercial electronic messages to recipients in Canada, regardless of their location. This includes individuals, businesses, and organisations.
To send commercial electronic messages, senders must obtain prior consent from recipients, provide accurate identification information, and include an unsubscribe mechanism in their messages.
Implied consent allows senders to send commercial electronic messages to recipients without obtaining explicit consent in certain circumstances. For example, if there is an existing business relationship or if the recipient has publicly disclosed their contact information.
Non-compliance with CASL can result in significant penalties. Individuals can face fines of up to $1 million, while businesses and organisations can face fines of up to $10 million. Additionally, individuals may be subject to personal liability for violations.
Yes, CASL provides certain exemptions, such as messages sent between family members, messages sent within an organisation, and messages sent in response to a request or inquiry.
Consent under CASL does not have an expiration date unless the recipient withdraws their consent. However, it is recommended to periodically confirm and update consent records to ensure compliance.
CASL only applies to messages sent to recipients in Canada. If the recipients are located outside of Canada, you should comply with the anti-spam laws of their respective jurisdictions.
To ensure compliance with CASL, it is important to obtain proper consent, maintain accurate records of consent, include identification information and an unsubscribe mechanism in your messages, and regularly review and update your compliance practices. Seeking legal advice is also recommended to ensure full compliance with the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 28th April 2024.
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