Pay Attention to Canada’s New Anti-Spam Law

Author: Cathy Kenton
March 16, 2011

If you’re using email as part of your marketing strategy, you need to be aware that Canada has enacted a significant new Anti-Spam Law. The legislation, now known as Canada’s Online Protection Legislation (CLOP) is significant in that:

  1. It contains an express affirmative opt-in condition. If you’ve got a form with an opt-out, it needs to be changed to a specific opt-in if you’re marketing in Canada.
  2. Large fines may be imposed (up to $1 million per violation).
  3. The legislation applies not only to email, but also to a number of other communication methods, including SMS, IM, and social media.

Enforcement is scheduled to commence this fall. Marketers would be wise, at a minimum, to start scrubbing lists to eliminate addresses that have not expressly opted in, and review their marketing forms. In addition, privacy policies may require review…your legal and/or compliance teams will be able to assist.

A good high-level review of the the new law and a link to the full text of the legislation appears on ClickZ.

 

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