Legal Definitions - Canadian Anti-Spam Law of 2010: Electronic Commerce Protection Regulations (CRTC)

The Canadian Anti-Spam Law of 2010: Electronic Commerce Protection Regulations (CRTC) refers to the specific rules and guidelines established by the Canadian Radio-television and Telecommunications Commission (CRTC) to implement Canada's Anti-Spam Law (CASL). These regulations provide detailed requirements for businesses and individuals sending commercial electronic messages (CEMs) and installing computer programs, aiming to protect Canadians from unsolicited electronic communications and harmful software.

Key aspects of these regulations include:

• Commercial Electronic Messages (CEMs): Any electronic message (like emails, text messages, or social media messages) sent with a commercial purpose must clearly identify the sender, provide their contact information (mailing address and a phone number, email, or website), and include a functional unsubscribe mechanism. If the message is sent on behalf of another party, both the sender and the party on whose behalf it is sent must be identified.
• Consent for CEMs: Senders must obtain explicit consent from recipients before sending CEMs. Any request for consent must clearly state who is seeking consent, provide their contact information, and inform the recipient that they can withdraw their consent at any time.
• Computer Program Installation: It is generally illegal to install a computer program on another person's device without their consent. If a program performs certain "specified functions" (such as collecting personal information, interfering with device control, or communicating with other systems without authorization), the user must be specifically informed about these functions, separately from any other consent request, and must provide written acknowledgment that they understand and agree to these functions.

These regulations ensure transparency and user control over the electronic communications and software they receive.

Examples:

• Online Retailer's Newsletter: A Canadian online bookstore, "Page Turner Reads," decides to send out a weekly email newsletter to its customers promoting new releases and special offers. According to the CRTC regulations, each newsletter email must clearly display "Page Turner Reads" as the sender, include their full mailing address, and provide an active link to their website or an email address for customer service. Crucially, every email must also contain a prominent, easy-to-use "unsubscribe" link, allowing recipients to opt out of future newsletters at any time. Before sending the first newsletter, "Page Turner Reads" must have obtained explicit consent from each recipient, perhaps through a checkbox during account creation or a separate sign-up form, clearly stating that they are agreeing to receive promotional emails and that they can withdraw consent.

  This example illustrates the requirements for Commercial Electronic Messages (CEMs), specifically regarding sender identification, contact information, the mandatory unsubscribe mechanism, and the need for prior, informed consent from recipients.

• Mobile Game App with Analytics: A new mobile game developer, "Pixel Play Studios," releases a free-to-play game that includes an analytics tool to track player behavior and in-game purchases to improve future updates. When a user downloads and installs the game, the installation process includes a standard "Terms and Conditions" agreement. However, because the analytics tool collects personal usage data (a "specified function"), the CRTC regulations require "Pixel Play Studios" to present a separate, clear notification specifically detailing what data the analytics tool collects and how it will be used. The user must then provide a distinct, written acknowledgment (e.g., by checking a separate box labeled "I understand and agree to the collection of usage data for analytics purposes") that they comprehend and consent to this specific function, beyond just agreeing to the general terms of service.

  This example demonstrates the strict requirements for installing computer programs that perform "specified functions," emphasizing the need for separate, clear disclosure and explicit written consent for those particular functions.

• Restaurant SMS Marketing Campaign: "The Daily Dish," a local restaurant, wants to launch an SMS (text message) marketing campaign to send daily lunch specials to customers who sign up. To comply with CRTC regulations, when a customer texts "LUNCH" to opt-in, the restaurant's automated reply must clearly state that they are signing up to receive promotional texts from "The Daily Dish," provide the restaurant's mailing address, and include a simple instruction on how to opt-out (e.g., "Reply STOP to unsubscribe at any time"). The initial consent request must also clearly identify "The Daily Dish" as the sender and confirm that consent can be withdrawn at any time. Each subsequent daily special text must also identify "The Daily Dish" and offer an easy way to unsubscribe.

  This example highlights the application of CEM rules to text message marketing, focusing on clear sender identification, contact information, the explicit consent process, and the readily available unsubscribe option.