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Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
Canada’s Anti-Spam Legislation (CASL) generally prohibits the sending of commercial electronic messages (essentially, marketing and promotional messages) without prior explicit consent, subject to a number of exceptions. The law applies not just to mass messaging, but also to individually targeted messages, including messages sent to businesses as well as to individuals. CASL also imposes ‘form’ requirements on requests for consent, as well as on marketing and promotional messages themselves, including the requirement that such messages include an easy-to-use unsubscribe mechanism. Penalties for non-compliance can be substantial – up to C$10 million for organisations. The law also contains a private right of action, which is not yet in force.
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