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ARTICLE · 09 AUGUST 2016

Canada's Ant-Spam Legislation – Regulatory Guidance

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A person who sends a CEM has the onus of proving that the recipient gave express or implied consent to receive the CEM.

CanadaPrivacy
Bradley Freedman
Bradley Freedman
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The Canadian Radio-television and Telecommunications Commission has issued an Enforcement Advisory regarding the requirements under Canada's anti-spam legislation for keeping records of consent to receive commercial electronic messages.

CASL

Canada's anti-spam legislation (commonly known as "CASL") creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties (including personal liability for employers, corporate directors and officers) designed to prohibit unsolicited or misleading commercial electronic messages ("CEMs"), the unauthorized commercial installation and use of computer programs on another person's computer system and other forms of online fraud (such as identity theft and phishing).

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