ARTICLE | |
Date | ArticleType |
1/30/2013 | Media Releases |
Revised Draft of Canadian Anti-Spam Legislation Not Good for Canadian Business | |
MEDIA RELEASE For Immediate Release The Kelowna Chamber of Commerce is very concerned about the revised draft of the "anti-spam" rules that Industry Canada announced on January 5, 2013. Canadian anti-spam legislation and the corresponding regulations have taken a "ban-all" approach to regulating commercial electronic messages (CEMs). "And, while the Canadian Chamber of Commerce supports the government of Canada in its efforts to curb the tide of nuisance/malicious/fraudulent messages and software, the Chamber believes the approach taken will have a detrimental impact on common business practices and the legitimate flow of electronic commerce." - Canadian Chamber of Commerce Here are some of the things you need to know… Canadian Anti-spam Legislation and the corresponding regulations have taken a "ban-all" approach to regulating commercial electronic messages (CEMs), meaning all emails, SMS texts, and some types of social media messages sent in a commercial context are captured by the legislation. 2. Permission cannot be received by sending an email! The legislation will require consent from the receiver prior to sending a CEM. Consent may not be obtained by sending a CEM. The definitions for consent (both implied and express) are prescriptive and have a much higher threshold than under existing privacy legislation. 3. Businesses will need to maintain a database that proves they have permission to send these emails! The legislation requires a technology solution opt-out mechanism in all CEMs which must be backstopped with a robust and sophisticated database of all business/personal relationships and removals of consent. 4. Getting it wrong could be expensive – and businesses could be sued! The administrative penalties for non-compliance are high – up to $1 million for individuals and up to $10 million for corporations. The Canadian Radio-Televisions and Telecommunications Commission (CRTC) is interpreting this as a per infraction cap. There is also provision for private right of action. 5. Businesses need to act now! Although the legislation does not come into force until the regulations are adopted, the regulations were published in the Canada Gazette on January 5th for a 30-day comment period. This means the turnaround for comments is short as the deadline for comment to industry Canada is February 4th, 2013. What Businesses Can Do: 1. Get informed about the impact of the legislation and regulations. Information about anti-spam can be found on the industry Canada Website here. 2. Express your concern about how this legislation will impact your organization and make suggestions about improvements to the regulations that will lessen the impact on your organization. Additional details regarding the impact of this legislation, including recommended changes, will be posted on the Canadian Chamber of Commerce website in the coming days (please check here). Comments to Industry Canada on the proposed regulations must be received by February 5, 2013 and can be submitted electronically to Industry Canada: bruce.wallace@ic.gc.ca. 3. Send a letter to your local MP, expressing your concerns and the impact this will have on your organization. To find contact information for your local MP, please visit the Parliamentary website here. The Kelowna Chamber of Commerce acts as a single powerful voice for their 1200 members and their 25,000 plus employees to promote local business interests. The Chamber provides a cohesive business network for its members to expand their business contacts, value-added benefits, programs, and services aimed at improving the bottom line of Chamber members. Their mission is to foster a positive business environment by providing members with leadership, advocacy and services of value. For more information contact: | |