Canada Passes Anti-Spam And Anti-Spyware Law

Organizations that conduct business online should start preparing for Canada's new anti-spam and anti-spyware legislation, which was passed in mid-December and is expected to come into force later this year.¹ As the Act is complex and the penalties for violating the new law can be severe, organizations should review and modify their online practices, where necessary, at an early opportunity.

Anti-Spam Provisions

The Act prohibits organizations from sending commercial electronic messages unless the recipient has given express or implied consent. A "commercial" electronic message is an electronic message where one of its purposes is to encourage participation in commercial activity. An "electronic message" is defined broadly to include any "message sent by any means of telecommunication, including a text, sound, voice or image message." This covers e-mails, text messages, instant messages, "tweets" or Facebook® postings, but excludes two-way voice communication,