Anti-Spam Legislation Primer 02.20.14

CANADA’S NEW ANTI-SPAM LAW PRIMERAre You Ready?

February 2014 O’Connor MacLeod Hanna LLP

What is Canada’s New Anti-Spam Law:

An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)

CANADA’S NEW ANTI-SPAM LAW PRIMER


When:

Received Royal Assent December 2010 CRTC Regulations final and posted Industry Canada Regulations final and posted CASL will begin to take effect on July 1, 2014



Why:

Volume of spam received by Canadians Cost and burden of dealing with spam Spam undermines reliability of networks, business

confidence and customer trust



CASL regulates a number of activities including:

Commercial electronic messages (Spam)Installation of computer programsPrivacy and the security of personal information



What is a Commercial Electronic Message:

any electronic message has as one of its purposes, encouraging participation in a commercial activity



CASL Imposes Restriction on CEMS unless:

Recipient has consented Express or implied

Message contains the prescribed information Identify the sender Disclose contact information for sender Provide an unsubscribe mechanism



CEMs require the recipients express or implied consent :

Express consent can be obtained orally or in writing Consent may be implied where:

there is an existing business or non-business relationship recipient has conspicuously published the electronic address,

without indicating a wish not to receive unsolicited CEMS, and message is relevant to recipient’s role in the business

Recipient has disclosed to sender their electronic address, without indicating a wish not to receive unsolicited CEMS, and message is relevant to recipient’s role in the business



Exemptions to Consent Rules Responses to inquiries Messages to facilitate, complete or confirm an existing

transaction Providing warranty information to purchaser of goods or

services Notifications to subscribers, members and account holders CEMs between individuals with personal or family

relationship 3 year transition period* Regulations provide for additional exemptions



Additional Requirements:

Identify sender or party causing message to be sent

Set out means to contact sender Must provide a method to unsubscribe



Failure to comply can mean: Up to $1 million per violation for an individual Up to $10 million per violation for other entities Claims for damages by those who suffer from a

breach Officers and directors can be personally liable for

corporate violations



Getting Ready Review your current practices

What CEMs do you send, who do you send them to, why do you send them?

Do your current CEMs comply with CASL? Start recording the consents you have obtained:

Express/implied, when, and for what purpose You must be able to process an unsubscribe

request within 10 days of receipt



Getting Ready Cont’d Implement strategies to obtain consent (website

sign-up, application form, e-mail) Turn your implied consents into express consents Develop consent renewal mechanisms Educate employees Establish internal procedures and policies to

monitor compliance



Useful Links / Sites The Legislation and Regulations

http://laws-lois.justice.gc.ca/eng/acts/E-1.6/FullText.html http://fightspam.gc.ca/eic/site/030.nsf/eng/00273.html http://www.crtc.gc.ca/eng/archive/2012/2012-183.htm

Other Useful Sites http://fightspam.gc.ca/eic/site/030.nsf/eng/home http://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/h_gv00567.html http://www.crtc.gc.ca/eng/archive/2012/2012-548.htm




Stuff our lawyers make us include This presentation only provides a brief overview

of the Anti-Spam Act and does not constitute legal advice or an opinion on any issue.

For more information, please contact your legal advisors.


Danny [email protected]

O’Connor MacLeod Hanna LLP700 Kerr StreetOakville, ONL6K 3W5905.842.8030


Education

Anti-Spam Legislation Primer 02.20.14