CRTC Issues First Compliance And Enforcement Decision On Canada's Anti-Spam Legislation

Over two years after the enactment of Canada's anti-spam legislation, the Canadian Radio-Television and Telecommunications Commission (CRTC) has issued its first decision on the law, with a particular focus on the consent requirement for sending marketing emails.

Background on Canada's Anti-Spam Legislation

Canada's anti-spam law applies to unsolicited or misleading "commercial electronic messages," which are broadly defined as any message in which one purpose is to encourage participation in a commercial activity. The law therefore applies specifically to marketing or promotional emails. It generally requires the sender to obtain express or implied consent from the recipient. The message itself must also satisfy certain requirements, such as disclosure of the sender's contact information and an "unsubscribe" mechanism. The law provides for a penalty of up to $10 million per violation, civil liability by private right of action (effective July 1, 2017),