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Canada’s Anti-Spam Legislation – Are you ready?

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If you are a B2B Marketer or involved in eMail Marketing you have most likely heard of what is coming with Canada’s Anti-Spam Legislation. This will come into force on July 1, 2014. Below are some key points you need to know and a few links that will take you to Government of Canada’s websites with thorough and detailed information on this new legislation. Make sure when sending emails to Canada to follow all the rules set up for the CASL.

“Coming Into Force

When does the legislation come into force?

The majority of the legislation comes into force on July 1, 2014. This includes Section 6, which relates to the sending of commercial electronic messages (CEMs). Section 8, the section that deals with the installation of computer programs, will come into force on January 15, 2015. The sections that deal with the private right of action will come into force on July, 1 2017. Read the order related to the coming into force dates.

Please note that some parts of the law came into force on April 15, 2011, with respect to some amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA). For more information, please see the Office of the Privacy Commissioner of Canada’s Website and the related Order.

For more information on CASL, please refer to fightspam.gc.ca. Read Canada’s Anti-Spam Legislation and its regulations.

Will the coming-into-force dates and the compliance date be different?

No, there is no difference. Once a particular section of CASL comes into force, it is enforceable and compliance is required. Keep in mind that different sections of CASL come into force at different times.

Transition

Once the law comes into force, how does it affect consent?

Knowing that people and businesses may need to change their practices when it comes to sending commercial electronic messages (CEMs), the legislation includes a transitional provision that relates to the consent requirement. There are two types of consent – express and implied. The transitional provision set out in section 66 of CASL applies to implied consent.

Under section 66, consent to send commercial electronic messages (CEMs) is implied for a period of 36 months beginning July 1, 2014, where there is an existing business or non-business relationship that includes the communication of CEMs. Note however, that this three-year period of implied consent will end if the recipient indicates that they no longer consent to receiving CEMs. During the transitional period, the definitions of existing business and non-business relationships are not subject to the limitation periods that would otherwise be applicable under section 10 of CASL. Businesses and people may take advantage of this transitional period to seek express consent for the continued sending of CEMs.

In contrast, express consent does not expire after a certain period of time has passed. If you obtain valid express consent before July 1, 2014, then that express consent remains valid after the legislation comes into force. It does not expire, until the recipient withdraws their consent.” Read more from the source here

For more information on CASL visit here.

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