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ARTICLE · 24 SEPTEMBER 2018

Canada's Anti-Spam Law

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

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CASL prohibits the sending of a commercial electronic message (CEM) to an electronic address unless the person to whom the message is sent ...

CanadaMedia, Telecoms, IT, Entertainment

CASL prohibits the sending of a commercial electronic message (CEM) to an electronic address unless the person to whom the message is sent has consented to receiving it and the message complies with prescribed form and content requirements. A CEM is defined broadly as an electronic message (e.g. email, text message, social media message) that has as its purpose, or one of its purposes, to encourage participation in a commercial activity.

In general, consent to receive a CEM must be express (i.e. opt-in) and cannot be bundled with consent to general terms and condition of purchase or sale (it must be sought separately). To be valid, a request for express consent must set out "clearly and simply":

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