Today: Canadian Legislation Attempts to Limit Online Spam

Posted on Tuesday, July 1st, 2014 by Print This Post Print This Post

Categories - Featured, News, SEM

o-CANADA-FLAG-facebook

(Caveat: I am not a lawyer, nor have I played one on TV. However, I am a law graduate and have passed a bar exam once upon a time, so my reading of the law is based on that background. Please consult with a media regulatory lawyer for any compliance issues or questions with this law).

The Canada Anti-Spam Legislation, or CASL, goes into effect today, July 1, 2014. It is Canada’s attempt at limiting the amount of online spam people in Canada receive. CASL affects any advertising done over SMS, text messaging, email, or voicemail to anyone in Canada. The penalties for failing to follow the law are steep – up to $1 million in fines for individuals and $10 million for other persons – and any company wishing to advertise to someone in Canada will be impacted, even if you are based in the US.

What do you need to do to be in compliance?

  1. You must have implied or expressed consent from the consumer to advertise to them.
  2. You must clearly identify yourself and anyone else on behalf of whom the message is sent.
  3. In every message you send, you must provide a way for the recipients to unsubscribe from receiving messages in the future.

Let’s break point 1 down. The consumer must consent to the form of advertising, meaning the consumer must choose to receive it. You can’t have a checkbox saying ‘yes, please send me the latest information’ checked by default on your site; the consumer must choose to check the box themselves. And, you can’t fool the consumer into consenting to advertising by sending it bundled with other consent requests – each consent request for a different purpose must be sent separately.

The tricky part of the consent section of the law comes into play with ‘the installation of computer software programs.’ The law states that a consumer is considered to have expressly consented to the installation of a cookie, html code, or JavaScript code, if the consumer’s conduct suggests a ‘reasonable belief’ that that they consented to the program’s installation. Putting that in layman’s terms, the consumer is OK with getting “cookied” if their behavior suggests that they are. How businesses are supposed to determine this ‘reasonable belief’ standard is not yet clear in the law and most likely will be determined as the law is applied against businesses and individuals. However, this section of the law goes into effect on January 15, 2015, so there is still a little time to get clarity on this point from your friendly media lawyer.

Points 2 and 3 for compliance are pretty straightforward – you need to include valid contact information in anything you send and you must give the consumer a way to withdraw from receiving that advertising, whether by providing an email address or a web link where they can indicate their desire to opt out. For both of these, the information you provide must be valid for 60 days after you send the advertising to the consumer.

Basically, what you really need to know is that the law is changing for advertising online to consumers in Canada, and you need to be prepared. Or be prepared to pay a hefty fine.

For a look at the legal jargon, you can find the law here. If you need more guidance, the CRTC is another helpful source.

 

Tags | , , , ,

8 Responses to “Today: Canadian Legislation Attempts to Limit Online Spam”

  1. I have got read some great information below. Definitely really worth book-marking regarding returning to. I ponder the way a whole lot work you put to produce the sort of wonderful helpful web site.

  2. They also offer worldwide drop shippiNg service, which is best ralph lauren pas cher if you waNt to start up aN oNliNe electroNic busiNess without the moNetary iNvestmeNt.So,, thiNk oN that-If you really get iNto heavy duty multi-TaskiNg, the quad core will shiNe through.Part 2 is about the mechaNics of selectiNg aNd obtaiNiNg a stock for a pump-N-Dump aNd startiNg the settiNg up of the pump-N-Dump. I have never had success in coming up with a durable container by any of these methods.They will

  3. bad day says:

    It was an old friend who I hadn’t seen for a while, and I could just tell that something was wrong.
    Breathing deeply several times can help slow your heartbeat,
    lower your blood pressure and allow you to feel in control again. And so point there
    that I want to make is you got to be diligent in maintaining
    that focus throughout the session.

  4. Uninstall the sound card driver and scan it for hardware changes.
    PDF may contain XFA (in XDP format), but also XFA may contain PDF.
    ” The GNUpdf library has, however, not been released yet, while Poppler has enjoyed wider use in applications such as Evince, which comes with the GNOME desktop environment, at the expense of relying on the GPLv2-licensed Xpdf code base that can’t be used by GPLv3 programs.

  5. cheap louis vuitton handbags online
    It’s very straightforward to find out any topic on net as compared to books, as I found this paragraph
    at this web site.

  6. Gidget says:

    Hey There. I found your blog using msn. This is an extremely well written article.
    I’ll be sure to bookmark it and return to read more of your useful info.
    Thanks for the post. I will certainly comeback.

  7. Excellent web site you’ve got here.. It’s difficult to find good quality writing like
    yours nowadays. I really appreciate people like you!
    Take care!!

    Look into my site :: athletic greens amazon

  8. htxurl.info says:

    On the other side in the coffeehouse is bookstore, where students be a little more willing to be home more line to buy cramming
    books on chemistry, civil service, and English literature alongside parents thrilled to be out within the rain while they buy the latest fashion in notebooks and colored pens for their primary school
    children. The latter of those two is specially
    important, since there have been many cases of
    huge companies suing people who are thought to have downloaded illegal files, based solely on his or
    her IP address. My soul continues to be rejoicing as I sit, with the goodness of God
    as well as the majesty than it all.

Trackbacks/Pingbacks


Leave a Reply

Follow Us on Twitter

Authors