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CCCA_V6No2_Dept-LegislativeUpdate-FIN_CCCA_V6No2_Dept-LegislativeUpdate 5/23/12 11:45 PM Page 17 Legislative update information about an ongoing subscrip- just two clicks, provided the unsubscribe to their employer’s marketing activities. tion, information about an employment mechanism is displayed prominently, and That should involve a thorough audit of the relationship or communicate for a purpose can be readily triggered. business’s electronic communications with specified by regulation. past and prospective clients, ments initially contemplated.“ Where CASL distinguishes ties on its behalf. And the program In response to last year’s consul- including CEMs sent by third par- tations, the CRTC has decided to itself from similar laws in other ease some of the consent require- will have to develop procedures recipients as well as tracking exist- Under the CRTC’s revised jurisdictions is in its prohibition aimed at getting consent from against sending unsolicited Electronic Commerce Protection ing business and non-business Regulations, request for express commercial e-messages (CEMs) relationships. Marketing depart- consent to receive a CEM may be by email, instant messaging or ments that haven’t already done so made orally now as well as in writ- to telephone accounts. will also have to develop a work- ing. But critics say it is still unclear ing and easy-to-use “unsubscribe” whether electronic forms of con- At the very least, Canadian legal depart-” mechanism for those who want to sent are to be deemed “in writing.” Also, do their own filtering. it is no longer a requirement (again, as ini- ments would be well advised to establish an tially contemplated) to provide an ability anti-spam compliance program to deter- Yves Faguy is the senior editor of CCCA to unsubscribe from receiving messages in mine how CASL, once in force, will apply Magazine. WE CAN HANDLE ANY PITCH. LITIGATIONBOUTIQUE.COM WOODS LLP LITIGATION . ARBITRATION . CLASS ACTION 2000 MGILL COLLEGE AVE. SUITE 1700 MONTREAL, QUEBEC H3A 3H3 T. 5149824545 ÉTÉ 2012 CCCA Canadian Corporate Counsel Association 17