This past weekend Industry Canada published a revised set of proposed regulations under the legislation widely referred to as the Canadian Anti-Spam Law (CASL).
Canada enacted a federal law to regulate commercial email messages (CEM) and other wireless and Internet communications, including telephonic messaging (text/SMS/MMS) and instant messages (IM). CASL adopts a consent based “opt in” approach to regulating CEM, as opposed to the U.S. CAN-SPAM Act’s “opt out” framework.
Earlier last year, the Canadian Radio-television and Telecommunications Commission (CRTC) issued final CASL regulations.
Once the Industry Canada regulations are finalized, CASL will become fully implemented and enforceable.
The proposed regulations:
-Clarify the Personal & Family Relationship exemption
-Add an exemption for Commercial Electronic Messages, messages sent by an employee to another employee or to an employee of another organization if the organizations have an existing business relationship and the message concerns the affairs of the organization or the person’s role within the organization
-Provide conditions for the use of express consent when obtained on behalf of another party and how unsubscribes must be adhered to by multiple parties,
-Clarify Membership, Club, Association, and Voluntary Organization definition.
The Industry Canada proposed regulations are open for public commentary until February 4th, 2013. Click here for a copy of the proposed Industry Canada regulations.
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