Canada’s Anti-Spam Legislation (CASL, also known as Bill C-28) came into effect some time ago, back on July 1, 2014! A provision was included to provide for a 3-year delay in order to allow organizations to comply.
Businesses and individuals must now closely adhere to the CASL conditions.
Conditions to respect to comply with Bill C-28?
While it may seem painstaking to decipher legal texts, there is some basic information integrated in your good practices. To that end, below are the important conditions that you must respect in order to comply with the CASL:
New subscribers must grant their permission
Ensure that each new member on your list is legally registered. To do so, have them complete a registration form that includes their full name and email address.
The senders must identity themselves
The recipient must be able to clearly identify you. Ensure that your mailing address and the name of your company are clearly visible.
The sender must offer the possibility to unsubscribe
Every person on your mailing list must be able to effortlessly unsubscribe at any time.
And you can always learn more by visiting the Combattrelepourriel.gc.ca information portal.
Which agencies are responsible for enforcing Canada’s Anti-Spam Legislation?
Responsibility will be shared by three federal agencies:
- The Competition Bureau
- The Office of the Privacy Commissioner of Canada
- The Canadian Radio-television and Telecommunications Commission (CRTC)
What are the consequences for Canadian businesses that violate the CASL?
Any business that issues an email that contravenes Bill C-28 and which results in a complaint may be required to pay an administrative monetary penalty (AMP) up to a maximum of $10 million.
Even if violations do not automatically result in a fine, it is important to take the legislation seriously and do everything possible to respect it.
A bill that will have positive effects for spam
While the formal entry into force of Bill C-28 does not mean the official end of spam and phishing, it will most certainly contribute to a decline in their use. We’re welcoming in the start of a much more positive era!