ARTICLE · 14 MAY 2013

Spam Smart Tip: Who’s Your Family?

Dentons Canada LLP

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The definition of "family relationship" in the draft Industry Canada regulations regarding Canada's Anti-Spam Legislation is a case in point.

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Sometimes legislative or regulatory definitions create ambiguity rather than clarity. The definition of "family relationship" in the draft Industry Canada regulations regarding Canada's Anti-Spam Legislation (CASL) is a case in point.

CASL is not yet in force. When it comes into force (no date set yet as of the date of this post), CASL will provide exemptions for a commercial electronic message (CEM) sent to a recipient with whom the sender has a "family relationship". CASL typically requires express opt-in consent to CEMs and requires CEMs to contain prescribed information, including an unsubscribe mechanism. Those requirements won't apply to CEMs to "family relationship" recipients.

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