Webnames.ca StaffWebnames.ca would like to inform everyone that Bill C-28, better known as the anti-spam legislation, will come into effect next year. The new legislation will change how businesses and corporations market to customers. It will become illegal to send commercial electronic messages (CEM) to customers without their expressed consent.
Companies who fail to comply with the changes or violate any of the new provisions face hefty penalties that can go up to $10 million.
In order to protect the privacy of Canadians, the Canadian
Radio-television and Telecommunications Commission (CRTC) will police
the following:
- sending of CEMs without the consent of recipients
- alteration of transmission data in an electronic message without express consent; and
- installation of computer programs without expressed consent
The CRTC release two information bulletins yesterday (bulletins 548 & 549) detailing the upcoming changes.
What does that mean?
Simply put, the anti-spam legislation prohibits more than just spam. It also prohibits any misleading marketing representation in the online market, misleading marketing information on emails, newsletters and SMS subscriptions, and installation of computer programs from companies or individuals. Collection of personal information through methods such as email harvesting and data mining are now considered punishable by law.
With regards to monthly subscriptions or emails, businesses must gain the approval of customers to receive electronic messages on electronic devices or they will be considered as illegal spam. Even if customers have expressed their consent, businesses still need to follow strict guidelines. All newsletters or emails from businesses to their customers must indicate who the sender is, along with their contact information. Also, businesses are required to provide or create an unsubscribe mechanism for customers. The image below from the CRTC provides an example of an unsubscribe mechanism for a CEM.
Businesses should also note that subscription confirmation tactics such as toggling will be considered illegal when the legislation hits Canada. CEMs from businesses will have to provide an un-checked check box for subscription or monthly emails, or require customers to fill in their emails manually to give their consent. An example of it is shown below:
Where to go from here?
The CRTC encourages all businesses, regardless of size, to start making
changes as soon as possible. This means updating policies regarding
newsletters and online promotional campaigns. It is better to start making changes as soon as possible and prepare things in advance. When the law goes into effect, expect the CRTC to police and monitor this issue strictly.
The best way to ensure that your business does not violate the new anti-spam legislation is to review your current policies on the acquisition of consent from your customers and make the necessary changes.
More information
To learn more about the upcoming changes, visit the CRTC’s Anti-Spam Legislation FAQ website.