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Canadian Anti-Spam Law of 2010: Opt-in Framework (Prior Consent)

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A quick definition of Canadian Anti-Spam Law of 2010: Opt-in Framework (Prior Consent):

The Canadian Anti-Spam Law of 2010 requires that people must give their permission before receiving commercial electronic messages. This is called "opt-in" consent. There are some exceptions where consent is not needed, such as when the message is about a transaction or employment relationship. In some cases, consent is implied, such as when the person has a business relationship with the sender or has published their email address publicly. However, in all other cases, the sender must ask for express consent and explain why they want to send messages and who they are. The request for consent must be clear and simple.

A more thorough explanation:

The Canadian Anti-Spam Law of 2010 requires prior, "opt-in" consent to receive "commercial electronic messages." This means that the person who receives the message must have given permission to the sender before the message is sent. The type of consent required depends on the relationship between the parties.

There are six types of messages that can be sent without prior consent:

  • Messages providing a quote or estimate for a product where the quote or estimate was requested by the recipient
  • Messages facilitating, completing or confirming a transaction entered into by the recipient
  • Messages providing warranty, product recall or product safety information about a product the recipient has purchased or is using
  • Messages providing factual information about a product that involves some type of ongoing service relationship with the provider (e.g. a membership or subscription), or the ongoing service (e.g. membership) itself
  • Messages directly relating to an employment relationship or an employee benefit plan that the recipient is currently participating in
  • Messages that deliver a product or service, including updates or upgrades, that the recipient is entitled to receive pursuant to a transaction the recipient has previously entered into with the sender (or the person on whose behalf the message is sent)

For example, if a customer purchases a product from an online store, the store can send messages about the product's warranty or safety without the customer's prior consent.

Prior consent can be implied in certain circumstances:

  • The sender, the person on whose behalf the message is sent, or the person who "permits" the message to be sent has an "existing business relationship" or an "existing non-business relationship" with the recipient
  • The recipient has published their electronic address and has not stated that they do not wish to receive unsolicited commercial messages at that address, and the message is relevant to their business or official role or duties
  • The recipient has disclosed their electronic address to the sender and has not stated that they do not wish to receive unsolicited commercial messages at that address, and the message is relevant to their business or official role or duties

For example, if a person provides their email address to a company during a business transaction, the company can send messages related to that transaction without the person's prior consent.

In all other cases, prior, express consent is required, and the request for consent must clearly state the purpose(s) for which consent is sought and identify the sender and any person on whose behalf the messages would be sent.

For example, if a company wants to send promotional emails to a person, they must first ask for the person's permission and clearly state the purpose of the emails and who will be sending them.

Canadian Anti-Spam Law of 2010: Message Redirection and Software Installation | Canadian Anti-Spam Law of 2010: Potential Extension to Telephonic and Fax Solicitation

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