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Canada's Anti-Spam Legislation (Bill C-28): What You Need To Know

May 30, 2014

Laws and regulations are nothing new when it comes to running businesses but the key to successfully integrating them into your day to day cares, without risking violations and breaches, is to understand them. Canada's Anti-Spam Legislation is stirring up uncertainty and anxiety for many business owners who are up in arms trying to figure out how it affects their businesses and their existing alliances. Many Montreal internet marketing services providers are swarmed with inquiries from concerned clients in search for guidance and simplified edition of the C-28 bill.

Well, here is what you need to know and do, in a nutshell:

Do not hit the panic button just yet; get the facts!

It is easy to scramble and get overwhelmed with worry, even more so when you are not really sure of what to expect or whatever it is that is worrying you. The facts are that Canada's Anti-Spam Legislation (CASL), which goes into effect in July, 2014, primarily affects any Commercial Electronic Messages (CEM) that are deemed to be unsolicited whether via email, instant messaging or text.

Advertising, and promoting sales of good or services via electronic media falls under the commercial electronic messaging category, according to CASL. If such messages are send out to potential clients or former clients, and any targeted recipients for that matter, and are traced back to your company's website, or any social media platform affiliated to your business (and you are not CASL compliant), you could end up paying dearly in legal fees and fines.

Prepare for, and protect yourself!

To ascertain that your communication with current alliances and potential clients doesn't get paralyzed altogether, you will need to prepare yourself for this C-28 bill by doing a few important things. You will need to obtain consent (whether express or implied), if you do not already have, before sending out messages. Implied consent is only valid when the recipient of your CEMs has not indicated that they do not want to receive unsolicited communications and have publicly displayed their electronic contacts (for all to see). Whereas express consent lays out detailed explanation of why consent is being sought, identifies the consent seeking party and offers the recipient the option to withdraw their consent or withhold it altogether.

Obtaining consent can be done either orally or in writing, but at the end of the day, you as the sender has the burden of proving consent. Adeo Internet Marketing professionals can guide you through getting streamlined email marketing strategies that will promote your business and help you avoid being trapped in legal hurdles with the C-28 by initiating an opt-in mailing list for your clients.

Familiarizing yourself with Canada's Anti-Spam Legislation in its entirety and seeking legal advice could also be a smart business move on your part!
Canada's Anti-Spam Legislation website: http://fightspam.gc.ca/eic/site/030.nsf/eng/home