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The Canadian Anti-Spam Law of 2010 sets rules for sending commercial electronic messages to people's electronic addresses. To send these messages, the sender must have the recipient's consent (either express or implied) and the message must follow the requirements of the law. There are exceptions for messages between people with personal or family relationships and messages sent to businesses for inquiries or applications. Telecommunications service providers are not responsible for messages that don't follow the law if they only provide the service for sending the message. The law defines electronic messages as any message sent through telecommunication, including text, sound, voice, or image messages. Commercial electronic messages have specific commercial purposes, such as selling a product or promoting a business opportunity. The law follows an "opt-in" framework, meaning the sender must have the recipient's consent before sending commercial messages.
The Canadian Anti-Spam Law of 2010 sets out the rules for sending commercial electronic messages to electronic addresses. These messages must meet two basic criteria:
There are two exceptions to these requirements:
However, further exceptions and specifications may be provided by regulations enacted pursuant to the Law.
An "electronic message" is defined broadly in the Law and includes any message sent by any means of telecommunication, including text, sound, voice, or image messages. An "electronic address" is also broadly defined and includes any address used in connection with the transmission of an electronic message to an electronic mail account, instant messaging account, telephone account, or any similar account.
A "commercial electronic message" is distinguished from other types of electronic messages by its commercial purposes, which may be inferred from the content of the message, any links contained in the message, or the contact information specified in the message. These purposes include offers to purchase, sell, barter, or lease a product, goods, a service, land, or an interest or right in land; offers to provide a business, investment, or gaming opportunity; advertisements or promotions for any of the foregoing things; or promotions of a person who does any of the foregoing things.
The Canadian Anti-Spam Law of 2010 has adopted an "opt-in" framework for commercial messages, meaning that a sender must have obtained the recipient's consent (express or implied) or be subject to a specific exception before sending commercial electronic messages to the recipient.
These examples illustrate how the Canadian Anti-Spam Law of 2010 applies to different types of electronic messages and how the requirements of the law must be met for commercial electronic messages.
Canadian Anti-Spam Law of 2010: Content Requirements and Opt-Out | Canadian Anti-Spam Law of 2010: Effective Date