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Following the registration, three weeks ago, of its new
anti-spam regulations, the CRTC has issued a regulatory policy
explaining the changes made to the draft regulations that it had
originally proposed, as well as providing some guidance as to how
some of the requirements will be interpreted.
Perhaps most significantly, the Commission explicitly indicates
in the Regulatory Policy that consent obtained "in
writing" includes electronic forms of consent, putting to rest
one of the more significant concerns of companies operating over
the internet. In other contexts, the Commission has accepted
electronic forms of consent where a user signifies agreement
through some positive action, such as clicking on an "I
agree" box.
Although in their final form, the Regulations are not yet in
force. They will come into force on the day on which the core
sections of Canada's Anti-Spam
Law come into force, which is expected to occur
later this year.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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