Canada's Anti-Spam Law (CASL) is expected to enter into
force in 2013, together with two sets of regulations that will
address certain detailed requirements under the Act. Industry
Canada Regulations are still underway. The Canadian
Radio-television and Telecommunications Commission (CRTC) is
further ahead: it enacted its Electronic Commerce Protection
Regulations in March 2012.
Specific requests for consent must be clearly identifiable to
the user and indicate that the user's consent can be
withdrawn at any time. Consent can be obtained orally or in
writing, and must be positive and explicit. In other words, it must
Acceptable: an icon or an empty toggle box that
must be actively clicked or checked.
Not Acceptable: an opt-out mechanism (i.e.
unckecking a pre-checked box); a CEM in the form of a subscription
email, text message, or other equivalent form to request express
2. UNSUBSCRIBE MECHANISM
The unsubscribe mechanism must be consumer-friendly, simple,
easy to use, and must be set out clearly and prominently. Under the
Regulations it must be capable of being "readily
Email Example: a link takes the user to a web
page where he or she can unsubscribe from receiving all or some
types of CEMs from the sender.
SMS Example: the user should have the choice
between clicking a link, or replying to the SMS with the word
"STOP" or "Unsubscribe".
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In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
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