Canada’s Anti-Spam Legislation: What you need to know
Canada’s new anti-spam legislation will transform the way you use email and other electronic messages to connect with your customers.
A key question to ask yourself is the following: Is the message I am sending a commercial electronic message (CEM)? Is one of the purposes to encourage the recipient to participate in commercial activity?
When determining whether a purpose is to encourage participation in commercial activity, some parts of the message to look at are:
the content of the message
any hyperlinks in the message to website content or a database, and
contact information in the message.
These parts of the message are not determinative. For example, the simple inclusion of a logo, a hyperlink or contact information in an email signature does not necessarily make an email a CEM. Conversely, a tagline in a message that promotes a product or service that encourages the recipient to purchase that product or service would make the message a CEM.
Some examples of CEMs include:
offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land;
offers to provide a business, investment or gaming opportunity;
promoting a person, including the public image of a person, as being a person who does anything referred to above, or who intends to do so.