Canada's new anti-spam legislation: what to expect.

• Author: Borkowski, Mark
• Position: Special Report: Developments in Internet Law - Interview

Recently, I spoke with Ralph Kroman about Canada's new Anti-Spam Legislation. I learned some very interesting information about this new legislation.

Ralph Kroman is a business lawyer with WeirFoulds LLP. He helps his clients deal with intellectual property and technology matters such as the acquisition of information technology, and the licensing and protection of copyright, trade-marks and confidential information.

Mark Borkowski (MB): Let's start with the basics. What is Canada's new "Anti-Spam" law?

Ralph Kroman (RK): Canada passed the Fighting Internet and Wireless Spam Act, unofficially referred to as the "Anti-Spam Act", in December of 2010. It has not yet entered into force but once it does, likely sometime in 2013, it will regulate certain activities to deter damaging and deceptive forms of spam and will ultimately promote the efficiency of our economy by prohibiting electronic threats to commerce.

MB: How will this new law impact Canadians and how they run their businesses?

RK: This Act will have a significant impact on Canadians and their businesses, specifically regarding how they handle electronic means of conducting commercial activities. For instance, the main application of the Act relates to electronic messages sent to encourage participation in a commercial activity including the purchase of goods or services by the recipient. These are referred to as "commercial electronic messages" and include messages sent through e-mail, social networking sites and text messages. Individuals and businesses are prohibited from sending these messages without the consent of the recipient, identification of the sender and corresponding contact information, and inclusion of an unsubscribe mechanism.

Even if you send a single electronic message targeted to one individual person, it may be subject to the Act. So, businesses will definitely want to review this law now in order to prepare for compliance.

MB: In addition to sending commercial electronic messages without consent, what other activities are prohibited by the Act?

RK: Some of the other prohibitions involve the installation of computer programs without express consent; the alteration of transmission data resulting in electronic messages being delivered to a different destination without express consent; the use of false or misleading representations online in product or service promotions; and the collection of personal information and electronic addresses through computer programs...