The CRTC recently published two information bulletins to help businesses better understand Bill C-28, Canada’s anti-spam legislation.

Are you in the US?  Yes this applies to you… keep reading.

To help businesses understand the law and the CRTC regulations, the information bulletins set out examples of acceptable practices. These two bulletins are the first of a series from the CRTC to facilitate compliance with Canada’s anti-spam law.

For links to the information bulletins, please visit the websites:
English: http://fightspam.gc.ca/eic/site/030.nsf/eng/00233.html
French: http://fightspam.gc.ca/eic/site/030.nsf/fra/00233.html

The major points worth noting are with their definition of “Express Consent”.  For those of you out there that still have that check box “pre-checked”, this will NOT be considered express consent:

 

They make a point of mentioning that a request for consent must be separate from general Terms and Conditions. In other words, you cannot opt-in someone just because they have agreed to your Terms and Conditions; it must be a separate act in order to comply.

For consent obtained in writing, the CRTC considers the following forms of evidence to be acceptable: “…checking a box on a web page to indicate consent where a record of the date, time, purpose, and manner of that consent is stored in a database; and, filling out a consent form at a point of purchase.”
(Canadian Radio-Television and Telecommunications Commission, 2012)

For consent obtained orally, the CRTC requires the following:

  • where oral consent can be verified by an independent third party; or
  • where a complete and unedited audio recording of the consent is retained by the person seeking consent or a client of the person seeking consent. 

The most important thing to remember here is that all senders (persons or companies who allege that they have consent) have the onus of proving it.  If you do not have the required proof consent for 100% of your lists, NOW is the time to get it.

Bill C-28 is scheduled to go in to force sometime in Spring 2013. If you want to learn more, feel free to check out http://fightspam.gc.ca – their spiffy new website!

Bill C-28 is not restricted to residents or companies in Canada, it applies to all marketers sending email To: and From: Canada. The CRTC will work with the Federal Trade Commission (FTC) in the US, and other regulatory commissions to enforce this new law.

Stay tuned…

Kevin Huxham
Director of Deliverability  – CakeMail Inc.

Please wait...

Author Kevin Huxham

More posts by Kevin Huxham