Canadian Spam Law Background

Canada’s Spam Law Now In Effect

Although passed in December 2010, the Canadian law went through a regulatory maze and did not go into effect until July 1 (which is also Canada Day) 2014.

The new law prohibits

  • sending of commercial electronic messages without the recipient’s express consent, including messages to email addresses and social networking accounts, and text messages sent to a cell phone;
  • alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent
  • use of false or misleading representations online in the promotion of products or services;
  • collection of personal information through accessing a computer system in violation of federal law ; and
  • collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).

The law establishes damages of $200 for email violation up to $1 million per day.

Private Right of Action Not Until 2017

The law phases in some key provisions, including:

  • a prohibition that addresses the unauthorized installation of computer programs or use of a bot to send email from another computer (January 2015); and
  • a private right of action which may proceed only if no governmental action (July 1, 2017).

In addition, a company has 36-months to convert implied consents based on a prior business relationship to express consents..

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  1. Pingback: California’ Online Eraser Law and Other New Developments for 2015 | Cyber Report

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