ARTICLE · 02 AUGUST 2016

CRTC Enforcement Advisory: Remember, You Must Have Records To Prove Consent

Dentons Canada LLP

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The Canadian Radio-television and Telecommunications Commission (CRTC) issued an enforcement advisory to both businesses and individuals that send commercial electronic messages (CEMs) to keep records of consent.

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The Canadian Radio-television and Telecommunications Commission (CRTC) issued an enforcement advisory to both businesses and individuals that send commercial electronic messages (CEMs) to keep records of consent. The CRTC reminded senders of CEMs that section 13 of Canada's anti-spam legislation (CASL) places the onus on the sender to prove they have consent to send every single CEM.

The advisory made a point to note the CRTC has observed businesses and individuals unable to demonstrate they have obtained consent before sending CEMs. Failure to meet record keeping requirements has been alleged in recent CRTC enforcement decisions against organizations. However, today's enforcement advisory may suggest the CRTC is finding record keeping to be a widespread concern, warranting this advisory.

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