Under Canada's new Anti-Spam Law (CASL), as of July 1, 2014, for-profit companies and nonprofit organizations engaged in marketing and fundraising campaigns from within Canada or to recipients in Canada must acquire prior "express consent" from recipients before sending commercial electronic messages (CEM). Nonprofits that send CEM to Canadian recipients must ensure that all CEM conform to the new legal requirements.
The new law covers a range of CEM sent to an "electronic address" (i.e., an address used in connection with the transmission of an electronic message to an email account, an instant messaging account, a telephone account, or any similar account) that encourage participation in a commercial activity – without regard to whether profit is expected – from within Canada or to recipients in Canada. The new law states that CEM include, among other things, messages that include offers to purchase, sell, barter, or lease a product, goods, a service, land, or an interest or right in land; or offers to provide a business, investment, or gaming opportunity.
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Topics: Anti-Spam Legislation, Canada, CASL, Commercial Electronic Messages, Non-Profits, Prior Express Consent
Published In: Communications & Media Updates, Consumer Protection Updates, International Trade Updates, Nonprofits Updates, Privacy Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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