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==Canada’s new anti-spam law starts July 1, 2014== | ==Canada’s new anti-spam law starts July 1, 2014== | ||
Canada’s anti-spam law started on July 1, 2014. It aims to protect people and businesses from spam (junk email and text messages) and online threats (spyware, malware, phishing scams, etc.) originating in Canada. It’s called the ''[http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html Electronic Commerce Protection Act]''. Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats. One part of the law created a private right of action. It would let you sue for violations of the law, and it was due to take effect on July 1, 2017. But the federal government has [https://www.canada.ca/en/innovation-science-economic-development/news/2017/06/government_of_canadasuspendslawsuitprovisioninanti-spamlegislati.html suspended it] indefinitely to review it. | |||
'''Consent is required'''—a key section of the | '''Consent is required'''—a key section of the law requires senders of commercial emails and text messages to have the consent of the person they’re sending the message to (the recipient). The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations. | ||
''' | '''Two types of consent''': [http://fightspam.gc.ca/eic/site/030.nsf/eng/00304.html#q1 express and implied]. There is implied consent if there is already a relationship between the sender and recipient of a commercial message. It lasts for 2 years. Recipients can cancel implied consent any time. Senders of commercial messages can ask recipients for express consent (the recipient agrees to receive messages) to send commercial messages. It does not expire. Senders of commercial messages must keep records to show they obtained the recipient’s consent. The Canadian government’s anti-spam [http://www.crtc.gc.ca/eng/internet/infograph.htm website compares implied and express consent in detail]. | ||
'''Senders must identify themselves and let recipients unsubscribe'''—in addition to getting consent from recipients, senders of commercial messages must identify themselves and include an unsubscribe option in the message so recipients can stop receiving messages. | '''Senders must identify themselves and let recipients unsubscribe'''—in addition to getting consent from recipients, senders of commercial messages must identify themselves and include an unsubscribe option in the message so recipients can stop receiving messages. | ||
Three federal government agencies | [http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html Three federal government agencies enforce the law]: the [http://www.crtc.gc.ca/eng/home-accueil.htm CRTC], the [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home Competition Bureau], and the [https://www.priv.gc.ca/en/ Office of the Privacy Commissioner of Canada]. | ||
Details on the new law are available on the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website]. | Details on the new law are available on the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website]. | ||
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[updated | [updated June 2017] | ||
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