Canada’s Anti-Spam Legislation Privacy Act 2014

Canada’s Anti-Spam Legislation (CASL) will come into effect on July 1, 2014 with the aim to protect Canadians from receiving unsolicited electronic messages without the recipient’s consent.  This includes messages to email addresses and social networking accounts, and text messages sent to a cell phone.

Zone4 constantly communicates by electronic means especially email, and we are conscientious in our efforts to abide by the rules of the privacy act.  It is very important to us to protect the privacy of our Zone4 users, and to be respectful in our communication.

The Legislation will have an impact on some Clubs across Canada who use electronic means to communicate with their members.  In general, it is intended for anyone who makes use of Commercial Electronic Messages which have the purpose of encouraging the recipient to participate in a commercial activity.  We suggest that each club becomes familiar with the legislation so that they are aware of how it impacts their individual practices of electronic communication.

Here are some important facts about the CASL:

Canada’s Anti-Spam Legislation states that electronic messages are ok if they are sent in response to a request, inquiry or are solicited by the person to whom the message is sent.

However, if you would like to send a Commercial Electronic Message or a CEM, there are three general requirements for sending it to an electronic address.

You need (1) identification information, (2) consent and (3) an unsubscribe mechanism.

1) You must identify yourself and the persons on whose behalf a Commercial Electronic Message (CEM) is sent.

2) There will be a transitional period of three years from July 1 2014, where there is implied consent for an existing relationship that includes the communication of CEMs.  During this time, organizations should seek express consent for the continued sending of electronic messages. This express consent does not expire.

3)  In order to withdraw their consent, a user needs to be able to unsubscribe at any time, even after giving consent.

For Zone4’s soon to be released Communication Centre, an Unsubscribe Mechanism will be put in place to allow users to remove their electronic addresses at any time in order to stop receiving Commercial Electronic Messages.

The CASL also applies to messages sent to a Membership.  Consent may be implied where Commercial Electronic Messages are sent to members of an association, club or voluntary organization.  When sending CEMs to your membership you should ensure that you are only sending to members.  Clubs must also respect the requirements that the message must contain identification information and an unsubscribe mechanism.

“Membership” means having been accepted as a member of a club, association or voluntary organization, organized and operated exclusively for social welfare, civic improvement, pleasure or recreation, or for any purpose other than personal profit, and no part of its income is payable for the personal benefit of any member, proprietor or shareholder unless that entity is an organization whose primary purpose of the promotion of amateur athletics in Canada.”

For more detailed information about Canada’s Anti-Spam Legislation (CASL), and to find out more about how it would apply to you, please go to the Government of Canada’s Link: http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html