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How to conform to Canada’s Anti Spam Law C-28

The 1st of July 2017 is finally at our door. Even if the anti spam law was officially put into place the 1st of July 2014, the CRTC granted a grace period of 3 years to allow businesses to adhere to the law. Then, on June 7th 2017, only a couple days before the end of the probation period, the government announced the suspension of certain dispositions. Here is what you have to know!

First off, here are the main points of the law C-28

Consent. Consent is necessary in order to send commercial electronic messages.This means that the person clearly agreed to receive the message, for example by checking the questionnaire box or by clicking on the button for an online form. This type of consent is valid as long as the person doesn’t withdraw the consent. On the other hand, implied consent allows the transmission of commercial messages only to the people with who a business relation has been established and with who the exchange of messages dates of at least 2 years.

Identification. The electronic messages have to clearly demonstrate the postal code of the person or the company that is sending the message, in order to allow the person who is receiving the message to more easily communicate with the source.

Expulsion mechanism. All electronic messages have to have an expulsion mechanism that allows the user to unsuscribe to the mailing list.

The suspension of certain provisions

June 7th 2017, the government announced the suspension of certain provisions called private right of action which would’ve allowed anyone having received an unsolicited email to pursue the transmitter. During the past 3 years, only the CRTC had the power to emit a pursual.

The anti spam Law subjugates people and companies to new rules in matters concerning the sending of commercial messages via the web, which can no longer be done without the consent of the recipient.

Finally, what’s the status for the 1st of July 2017 ?

1. The end of the grace period The 1st of July 2017 marks the end of the CRTC transition period. Companies had three years to put in place a compliance program.
2. The Expiration of the old consents. The consents obtained before the 1st of July 2014, being before the date that the law was enforced, won’t be valid. Starting from the 1st of July 2017, a company can no longer send emails that have a commercial nature without having received beforehand, a consent that respects the requirements of Law C-28.
3. The report from beginning of the appeal. The government believes that Canadians, like compagnies and organism, deserve an effective law that protects their interests. They then suspended this disposition until the parliamentary committee revised the Law.

To conclude, if it’s not already done, it’s important to put into place a written policy of compliance in the following days. Furthermore, we advise you to carefully examine your contact list, all while paying a very close attention to the date and the type of consent. If you cannot prove the consent, it’s better to delete them from your contact list.

For additional information on the subject, consult the government's website.