It’s a global consensus – nobody likes SPAM. We want to be contacted with information of value and benefit to us, instead of having our inboxes flooded with useless, unwanted information and most marketers unfortunately tend to forget this. But SPAM means more than just unsolicited commercial messaging; it can also be the cause for online identity theft, phishing, spyware and malware that affects both individuals and organizations equally. Essentially, SPAM compromises the stability of the internet.
For this very reason, the Canadian Government decreed an anti-spam legislation (CASL) that went into effect on 1st July 2014. This legislation was developed with the intention of protecting consumers while also allowing business to compete in the global marketplace. Canada is currently rated #4 in the global list of spamming originating nations. In 2004 Australia introduced a similar legislation, which went on to remove the country from the top ten list altogether.
CASL or the Canadian Anti-Spam Legislation will manifest itself in the form of a national body that will concurrently drive an awareness campaign nationally while tracking and analyzing complaints, trends etc. This will allow them to modify policy accordingly. The body will also set up a Spam Reporting Centre (SRC) to collect reports and gather information on the situation in real-time allowing results to occur quickly.
The written legislation applies to all Commercial Electronic Messages (CEM) sent from or to Canadian electronic devices in Canada. This includes emails, text messaging, IMs and even some social media communications such as page and group messaging & posting. While the legislature offers a 2-year transition period, individuals will be able to sue any entity that they feel is sending them spam messages by July 1st 2017. During the transition period, bodies such as the Canadian Radio-Television & Telecommunications Commission, Competition Bureau and the Office of the Privacy Commissioner of Canada are permitted to investigate and start litigation procedures against those entities that don’t adhere to the law. The fine will range between 1 and 10 million Canadian Dollars per violation to ensure that everything will be on track by July 2017.
Defined as an “Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act”, the CASL is a powerful tool that not only protects individuals from being spammed but also organizations from incidents such as identity theft from piggy-backing organizations that may damage your consumer relationship. For more information and to read the full text of the legislature, visit the website here.