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Simple English definitions for legal terms

Canadian Anti-Spam Law of 2010: Electronic Commerce Protection Regulations (CRTC)

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A quick definition of Canadian Anti-Spam Law of 2010: Electronic Commerce Protection Regulations (CRTC):

The Canadian Anti-Spam Law of 2010, also known as the Electronic Commerce Protection Regulations (CRTC), is a law that regulates the sending of commercial electronic messages (CEMs) in Canada. CEMs must include the name of the sender's business, a statement identifying the sender and any person on whose behalf the message is sent, and contact information for the sender or person on whose behalf the message is sent. Requests for consent to send CEMs must also include similar information and a statement indicating that consent may be withdrawn at any time. It is illegal to install computer programs on another person's computer that perform certain specified functions without their consent. The law came into effect on July 1, 2014, and January 15, 2015, for different sections.

A more thorough explanation:

The Canadian Anti-Spam Law of 2010 is a law that regulates the sending of commercial electronic messages (CEMs) in Canada. The Electronic Commerce Protection Regulations (CRTC) are regulations made under this law by the Canadian Radio-television and Telecommunications Commission (CRTC). These regulations specify the information that must be included in CEMs and requests for consent, as well as the functions that computer programs are allowed to perform.

Any Commercial Electronic Message sent in Canada must include:

  • The name of the sender's business or the sender's name if the business does not have a different name
  • If the message is sent on behalf of another person, the name of that person's business or the person's name if the business does not have a different name
  • If the message is sent on behalf of another person, a statement identifying both the sender of the message and the person on whose behalf the message is sent
  • The mailing address and either a telephone number, an email address, or a web address of the sender or the person on whose behalf the message is sent if applicable

For example, if a company sends an email promoting its products, the email must include the company's name, the name of any other person on whose behalf the email is sent, and contact information for the company or the other person.

The information mentioned in the previous section must be clear and prominent, and the unsubscribe mechanism required by the law must be ready for use.

For example, if a company sends an email promoting its products, the information required by the law must be easy to find in the email, and the unsubscribe mechanism must be easy to use.

Under the law, it is illegal to send a Commercial Electronic Message or to install a program on a computer without the owner's consent. Any request for consent must include:

  • The name of the person seeking consent or the person's business name if applicable
  • If consent is requested on behalf of another person, the name of that person's business or the person's name if the business does not have a different name
  • If consent is requested on behalf of another person, a statement identifying both the person requesting consent and the person on whose behalf consent is requested
  • The mailing address and either a telephone number, an email address, or a web address of the person requesting consent or the person on whose behalf consent is requested if applicable
  • A statement indicating that consent may be withdrawn at any time

For example, if a company wants to send promotional emails to its customers, it must first obtain their consent by sending a request that includes the information required by the law.

It is illegal to install a computer program on another person's computer if the program performs certain functions, such as collecting personal information or interfering with the person's control of the computer, without the person's consent. Any request for consent to install such a program must bring the material elements of the program to the person's attention separately from any other request for consent, and the person must acknowledge in writing that they understand and agree that the program performs the specified functions.

For example, if a company wants to install a program on a customer's computer to collect information about their browsing habits, it must first obtain the customer's consent by sending a request that includes the information required by the law.

Canadian Anti-Spam Law of 2010: Effective Date | Canadian Anti-Spam Law of 2010: Introduction and Abbreviations

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