Canada's Strict Anti-Spam Law Takes Effect (Privacy & Cybersecurity Update, Issue 2)

Canada's Strict Anti-Spam Law Takes Effect

On July 1, a majority of the provisions of Canada's anti-spam legislation took effect. The Canadian legislation prohibits sending commercial electronic messages 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. Subject to certain limited exceptions, the legislation applies to all businesses that send commercial electronic messages to or from computer systems located in Canada. As a result, companies and individuals located anywhere in the world can be exposed to liability under this legislation, and the potential penalties for noncompliance are significant. The Canadian Radio-Television and Telecommunications Commission has issued responses to frequently asked questions and a guidance document that encourages companies to avoid liability by initiating corporate compliance programs.