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ARTICLE · 03 MARCH 2014

The New Anti-Spam Law – The BIG Exceptions

Canada’s new federal anti-spam law comes into force in a significant way on July 1, 2014

CanadaPrivacy

Canada's new federal anti-spam law comes into force in a significant way on July 1, 2014.

The prohibition against spam is a very broad one, and the key focus immediately turns to the exceptions where either the law does not apply to the message, or, consent is not required to send the message.

Section 6 of the law contains the basic prohibition against sending "commercial electronic messages" without firstly, consent, and secondly, compliance with certain form and content requirements (including the unsubscribe mechanism).

Commercial electronic messages are defined broadly to capture emails or other electronic messages that have as one of their purposes "encouraging participation in a commercial activity", and "commercial activity" is also broadly defined to include any act or conduct of a commercial nature.

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