Canada's anti-spam legislation
On December 15, 2010, Bill C-28 received Royal Assent. The legislation aims to reduce spam in their forms the most dangerous and deceptive, and other similar activities that discourage business electronically. The legislation should take effect in the winter of 2012, once established regulations.
Legislative Summary of Bill C-28:
Its purpose is to promote efficiency and adaptability of the Canadian economy by regulating certain activities that discourage the exercise of business electronically. In other words, the creation of this law aims to eliminate spam on the Internet and wireless networks.
It will now be prohibited from sending a commercial electronic message to a person with whom any business or private relationship is in progress, unless he has obtained his formal consent. In the present context, a business relationship is a relationship for business purposes between the company and its customers. Whether a business relationship or private, what is important is that the company has the consent of its receptor commercial E-mail. The law is the E-mail, SMS, MMS, instant messaging, calls on inopportune cell phone and even exchanged messages on social networks.
What to do to enforce this law?
- Clean up your mailing lists
- Ask the people with whom you do not have a business relationship or private relationship if they agree to receive your information
- Confirm the consent of your recipients by sending an email to those who have systematically checked (or not) the small box indicating they wish to receive your information
- Keep your proof of consent
- Ensure that your promotional E-mails always contain a free unsubscribe mechanism
- Make sure the E-mail address or website of your unsubscribe mechanism is valid for a minimum of 60 days after the transmission of message
- Manage the unsubscribe mechanism by removing addresses that wish within 10 days of the request
- Clearly indicate who sends the message
- Provide contact information so the person receiving the E-mail will be able to contact the sender
- Use professionnal E-mailing services
- Be careful when you publish your E-mail address: The law assumes that you consent to receive commercial messages related to your duties if you publish your E-mail address without specifying that you do not wish to receive unsolicited messages
People who will violate this law can receive an infraction of $ 200 per item and be sued for a maximum of one million dollars for individuals and $ 10 million for companies.
If you would like more information about this legislation, please contact us. In addition, the Government of Canada has even created a Web site specifically on the subject.
Tel : 819 776-3008
E-mail : firstname.lastname@example.org