Regulatory Update: C-28 Signed Into Law

By September 12, 2011 Archive No Comments

Technology and LawDo you send to anyone in Canda? If so, you will want to make sure you are aware of Canada's new Anti-Spam Bill (C-28) that was recently signed into law on December 15, 2010. According to authorities, full details of the regulations will be published in January, here is what we have learned of this new regulation: 

1. The original bill was written and introduced in 2009 and intended to cover requirements of permission in sending email marketing messages. However, the final version passed also now covers additional types of electronic communication including SMS/Text, Social Media, and even instant messaging. 

2. This law has been dubbed by many an opt-in type of law meaning that if you have express consent or a pre-existing business relationship (at least within the last two years) that you can send these types of covered communications. HOWEVER, you must provide a mechanism in every communication with an easy-to-access and understandable opt-out. The law goes one step futher to detail that the easy-to-use opt-out must also be internet based as well as response based. While an existing business relationship may be permitted during this two year window, we at Delivra always recommend that you gain that permission and manage preferences, so as to keep that subscriber for the long term. 

3. Much like the US version (CAN-SPAM) all senders must clearly identify themselves using a very specific list of details in every message sent out. Meaning that sender name, address, phone number and a reply to address must be used on each and every send. Also in similar fashion to CAN-SPAM, un-subscribes must be handled quickly and processed within ten days of reciept to the sender. 

Those are three key areas the law outlines, but for more specific information, a good source to reference can be CAUCE which is an organization that works to maintain permission-based email practices in North America. Their website can be a handy resource for all types of regulatory and best practice updates. Here is a link to a whitepaper that will help guide marketers through the specifics of any FISA regulations. 

As we learn more about this and futuer regulatory changes this and future regulatory changes, we will be sure to provide you any information, insight, or advice we have available. If you have questions, please contact your Account Manager and they will help address any questions you may have. 

Carissa Newton | Marketing