Page 33 - CCCA64_2012

CCCA_V6No4_WhatToWatch-FIN_CCCA 11/26/12 4:28 PM Page 33 Feature for two sets of regulations, one from Industry Canada (still in the works) and the other from the CRTC. When the regulations come into effect, organizations will no longer be able to send CEMs unless they fall into one of a lim- ited number of exempt categories (for example, they’re directed at current customers), or the organization has obtained consent Anti-spam in advance from the recipient. In other words, consumers must opt in to receive electronic communications from businesses, rather than opting out, the model currently used by the United legislation (CASL) States and some other countries. The law also stipulates mini- mum information disclosure: all CEMs originating in Canada or directed to Canadians must include the name of the sender or If you’ve ever received an unsolicited e-mail offering a share in a organization, along with contact information and a “readily per- vast inheritance in return for your banking information, you will formed” unsubscribe mechanism. There are severe new penalties applaud Bill C-28, Canada’s sweeping new anti-spam legislation. for noncompliance. But the bill, expected to come into force during the first quarter Bond recommends that clients conduct advance and ongoing of 2013, may have unintended consequences that could signifi- audits of their client base, updating them for CASL compliance cantly hamper legitimate Canadian business activities. Corporate and determining whether consent has been obtained. Now is counsel, says James Bond, Q.C., a partner at McMillan LLP, have to the time to ask electronically — before it’s illegal to send that e- be proactive to ensure their electronic communications comply. mail. “Unless you prepare in advance,” says Bond, “you run the “It’s probably the broadest anti-spam legislation in the world,” risk of losing significant parts of your contact base.” says Bond. “And that means that organizations conducting what Corporate counsel need to develop internal compliance pro- they feel are legitimate business practices may be caught out by cedures, forms, policies and controls — and then communicate the law’s breadth.” them early and often to employees through education programs. Canada is late to the party in terms of legislating so-called In a world where we think nothing of sending an exploratory e- “commercial electronic messages” or CEMs: the e-mails, texts, mail to a potential client, says Bond, “the biggest risk to organi- tweets, DMs, Facebook messages and other electronic communi- zations is going to be individual employees who don’t under- cations used in business. Introduced in May 2010, the bill provides stand or don’t pay attention to the legislation.” HIVER 2012 CCCA Canadian Corporate Counsel Association 33