EmailKarma – CASL: Industry Canada Published Draft Regulations
Industry Canada published draft Electronic Commerce Protection Regulations (the “Draft Regulations”) under Canada’s Anti-Spam Legislation (CASL) for comment in the Canada Gazette on January 5, 2013. Industry Canada and the Canadian Radio-television and Telecommunications Commission (CRTC) share responsibly for developing regulations under CASL, and since the CRTC published its Electronic Commerce Protection Regulations (CRTC) in March of 2012, the Industry Canada regulations remain the final outstanding piece of the legislative puzzle.
Industry Canada first published proposed regulations for comment in August, 2011, resulting in comments from 55 stakeholders, many of which are incorporated into the Draft Regulations. Industry Canada will be accepting comments on the Draft Regulations until February 4, 2013, with final regulations to follow some time thereafter.
The Draft Regulations – which contain the following provisions – will ease the compliance burden on businesses without undermining the objectives of preventing spam and related online threats:
- definitions for personal and family relationships;
- new exemptions for routine business communications;
- an allowance for third-party referrals;
- conditions for the use of consent collected on behalf of an unknown third party;
- specified computer programs where express consent may be deemed; and
- definitions of membership, club, association and voluntary organization.
Definition of personal relationship broader, more flexible, no “in-person” requirement
CASL exempts any commercial electronic message (CEM) sent between two persons who have a personal or family relationship, requiring Industry Canada to define both of these concepts in regulation.
A number of stakeholders commented that the definition of a “personal” relationship that appeared in the previously published regulations was too narrow, given the requirements for an “in-person” meeting as well as a two-way communication having taken place within the previous two years. Industry Canada removed both of these requirements.
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