CRTC encourages businesses to start preparing for Canada's anti-spam legislation

OTTAWA-GATINEAU, Oct. 10, 2012 /CNW/ - Today, the Canadian Radio-television and Telecommunications Commission (CRTC) published two information bulletins to help Canadian businesses better understand Canada's anti-spam legislation. The CRTC expects the legislation to come into force in 2013.

"We are committed to protecting Canadians from the harm caused by spam and other electronic threats," said Andrea Rosen, the CRTC's Chief Compliance and Enforcement Officer. "Canadian businesses, both large and small, are strongly encouraged to familiarize themselves with the law, the regulations and the information bulletins. Even though the law is not yet in force, businesses should start preparing now by updating their practices and developing compliance procedures."

To help businesses interpret the law and the CRTC' regulations, the information bulletins set out examples of acceptable practices. For instance, the law will require businesses to obtain a consumer's express consent before sending promotional emails and other commercial electronic messages. In one of the information bulletins, the CRTC has clarified how toggling (a check box on a website) may be used as a means for obtaining consent. The other bulletin provides clarifications on the information that must be included in a message.

These two bulletins are the first of a series to facilitate compliance with Canada's new anti-spam legislation.

About Canada's anti-spam legislation

Canada's anti-spam legislation received royal assent on December 15, 2010. The goal of the law is to protect Canadians from spam, malware, including phishing and spyware, and other electronic threats.

The CRTC will be one of three government agencies responsible for enforcing the law once it comes into force, along with the Office of the Privacy Commissioner and the Competition Bureau. The CRTC will have primary enforcement responsibility and will be able to investigate, take action and set monetary penalties against those who violate the law by sending unwanted spam, installing malware and altering transmission data. These activities, among others, will promote trust and confidence in the electronic marketplace.

For more information, please visit www.fightspam.gc.ca.

2012-548 Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC)

2012-549 Guidelines on the use of toggling as a means of obtaining express consent under Canada's anti-spam legislation

Reference document:

Telecom Regulatory Policy CRTC 2012-183

The CRTC

The CRTC is an independent public authority that regulates and supervises broadcasting and telecommunications in Canada.

SOURCE: Canadian Radio-television and Telecommunications Commission

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