Canada's anti spam legislation

Canada’s Anti-Spam LegislationWhat Every Business Needs to Know

By John Lepore, WSI - Ottawa

©2014 WSI. All rights reserved.

What is it?

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


No…Really...What is it?

A law to protect Canadians against unwanted SPAM


When?

July 1st, 2014


Who Needs to Know?Anyone who makes use of commercial electronic messages, is involved with the alteration of transmission data, or produces or installs computer programs needs to be aware of this law.

A commercial electronic message is any electronic message that encourages

participation in a commercial activity, regardless of whether

there is an expectation of profit.


Bill C-28 Penalties

The maximum penalty for a violation is $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.*

In the case of a contravention of section 6 [unsolicited CEM], $200

for each contravention of that provision, not exceeding

$1,000,000 for each day on which a contravention occurred*

*Refer to the act for clarification and details


What is SPAM?

• Sending of unsolicited commercial electronic messages• Unauthorized alteration of transmission data• Installation of computer programs without

consent• False and misleading electronic

representations online (including websites)• Unauthorized collection of electronic

addresses• Collection of personal information by

accessing a computer system in contravention of an Act of Parliament.


All inclusive!!!

• These violations include, but are not limited to:• Spam• Malware• Spyware• address

harvesting, and false and misleading representations…

• Involving the use of any means of:• Telecommunications• Short Message Services

(SMS)• social networking,

websites• URL's and other locators• Applications• Blogs• Voice over Internet

Protocol (VoIP), and• any other current and

future internet and wireless telecom threats prohibited by Canada's anti-spam legislation.


Enforcement Bodies

• Canadian Radio-television and Telecommunications Commission (CRTC)• Competition Bureau• Office of the Privacy Commissioner of

Canada• Private Right of Action (July 1st 2017)


Best Practice

Consent - You must have expressed or implied consent to send a message.

Identification - You must clearly and simply identify yourselves and anyone else on whose behalf the message is sent.

Unsubscribe Mechanism- In every message you send, you must provide a way for recipients to unsubscribe from receiving messages in the future.


Questions?

More details can be found at:http://fightspam.gc.ca/