Monday, August 22, 2011

Canada's Newest Anti-Spam Legislation

Canada’s Anti-Spam Law (CASL), Bill C-28 is coming soon, but that doesn’t mean that small business, individual business people and organizations should wait to make sure they are prepared for the new legislations. The fines are hefty.  This bill applies to any “commercial activity” which means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit.

This act is in addition to the PIPEDA. In the event of a conflict between a provision of this Act and a provision of Part 1 of the Personal Information Protection and Electronic Documents Act, the provision of this Act operates despite the provision of that Part, to the extent of the conflict.

Now you may say that you have a previous and hence an existing business relationship with your client or customer. The bill defines existing business relationship” to mean a business relationship between the person to whom the message is sent as any person who sent or caused or permitted to be sent the message arising from the purchase or lease of a product, goods, a service, land or an interest or right in land, within the two-year period immediately before the day on which the message was sent, by the person to whom the message is sent from any of those other persons. If it is beyond the 2 year period, you could be considered as a spammer. Get the permission, plus the permission has to be expressed and not implied, which means the sender cannot hide behind the excuse that “if they didn’t opt-out, then they automatically opted in”.

Any violation to this proposed act may be punishable. The maximum penalty for a violation is $1,000,000 (yes, a Million Dollars) in the case of an individual, and $10,000,000 in the case of any other person.

For more information on this act, click here. Happy complying.

Jagdeep Singh, B. Arch.

Real Estate Broker


Powerful Local Focus on Real Estate with a Global Perspective.

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