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ARTICLE · 30 DECEMBER 2011

Canada’s Anti-Spam Legislation: Casting A Wide Net

Bennett Jones LLP
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The new Canadian anti-spam legislation (unofficially, the Anti-Spam Act) is one of the most comprehensive and onerous anti-spam statutes to date, imposing significant requirements not seen in other jurisdictions.

CanadaMedia, Telecoms, IT, Entertainment
J. Sébastien Gittens
J. Sébastien Gittens
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The new Canadian anti-spam legislation (unofficially, the Anti-Spam Act) is one of the most comprehensive and onerous anti-spam statutes to date, imposing significant requirements not seen in other jurisdictions. Businesses using e-mail in Canada should carefully consider the impact of this legislation on their operations.

The Anti-Spam Act will affect all Canadian businesses that engage in any e-mail marketing practices and may reach those businesses that use e-mail in business. The Act was passed in December 2010, but is not yet in force and all of the accompanying regulations to the statute have not yet been finalized. However, it is expected to be in force in early 2012.

Given its onerous requirements, businesses should not delay in turning their minds to its impact. The following discussion should assist in identifying whether a business may be caught by the Anti-Spam Act, what it could mean for such a business, and preliminary steps that should be taken to

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