A LONG-TIME COMING, CANADA’S SPAM LAW FINALLY COMES INTO FORCE
Canada’s new anti-spam law was passed in December 2010 and, following a Governor in Council order, it will enter into force on July 1, 2014. Once the law is in force, it will help to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. On January 15, 2015,sections of the Act related to the unsolicited installation of computer programs or software come into force.
When the new law is in force, it will generally prohibit the:
- sending of commercial electronic messages without the recipient’s consent (permission), including messages to email addresses and social networking accounts, and text messages sent to a cell phone;
- alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent;
- installation of computer programs without the express consent of the owner of the computer system or its agent, such as an authorized employee;
- use of false or misleading representations online in the promotion of products or services;
- collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada); and
- collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).
There are three government agencies responsible for enforcement of the law. When the new law is in force, it will allow:
- The Canadian Radio-television and Telecommunications Commission (CRTC) to issue administrative monetary penalties for violations of the new anti-spam law.
- The Competition Bureau to seek administrative monetary penalties or criminal sanctions under theCompetition Act.
- The Office of the Privacy Commissioner to exercise new powers under an amended Personal Information Protection and Electronic Documents Act.
It will also allow all three agencies to share information with the government of a foreign state if the information is relevant to an investigation or proceeding in respect of a contravention of the laws of a foreign state that is substantially similar to the conduct prohibited by this Canadian law.
The law will also allow individuals and organizations who are affected by an act or omission that is in contravention of the law to bring a private right of action in court against individuals and organizations whom they allege have violated the law. Once into force, the private right of action will allow an applicant to seek actual and statutory damages. Statutory damages may not be pursued if the person or organization against whom the contravention is alleged has entered into an undertaking or has been served with a Notice of Violation.
DAVID ELDER
![]() He serves a broad range of clients in the communications industry including broadcasters, broadcasting distributors, Internet content providers, software-as-a-service providers, property developers, government departments and agencies, industry associations and telecommunications service providers employing Internet, wired, wireless and satellite technologies. With respect to privacy matters, David provides privacy compliance advice to a wide range of Canadian and international businesses, including technology companies, on-line service providers, manufacturers, wholesalers and retailers, conducting both “bricks and mortar” and online activities. He also provides advice with respect to managing data breaches and navigating privacy issues arising in M&A transactions. David serves as Special Digital Privacy Counsel to the Canadian Marketing Association, in which role he advocates and advises on a range of electronic privacy issues, including spam regulation. David is editor of CanadianCommunicationsLaw.com, Stikeman Elliott’s blog on legal and policy developments relating to communications. He is also a Research Contributor to the “Privacy Interviews with Experts Series” published by Nymity News, an international provider of privacy information, compliance and accountability solutions. He has been listed and recognized in the following publications:
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Professional Activities David is past Chair of the National Entertainment, Media & Communications Law Section of the Canadian Bar Association and a member of the Steering Committee for the biennial Law Society of Upper Canada / Canadian Bar Association Communications Law and Policy Conference. He is also an active member of the International Committee of the Antitrust Law Section of the American Bar Association. He has been an active member of the Information Technology Association of Canada and the Canadian Wireless Telecommunications Association and is the former chair of the Lawful Access Committee of the Canadian Association of Internet Providers.Community David is involved in a number of community and charitable endeavours, including the March of Dimes and Plan Canada. He is a Board Member of the Sir Ernest MacMillan Memorial Foundation, a charitable organization that provides financial support to young musicians in the pursuit of their advanced education and career development. |
Education University of Ottawa (LL.B. 1989); York University (B.A. (Hons.) English Lit./Mass Com. 1985). |
Background Immediately prior to joining Stikeman Elliott, David had his own law practice in Ottawa, specializing in communications and privacy law. |
Bar Admission Ontario, 1991 |
HAPPY CANADA DAY!
[…] SEGMENT 1: DAVID ELDER AND CANADA’S NEW SPAM LAW […]