Legal Definitions - Canadian Anti-Spam Law of 2010: Content Requirements and Opt-Out

The Canadian Anti-Spam Law of 2010 has certain requirements for "commercial electronic messages". These messages must:

• Identify the sender and any person on whose behalf the message is sent
• Provide contact information for the sender or the person on whose behalf the message is sent
• Include an "unsubscribe mechanism" for opting out of future messages

The "unsubscribe mechanism" must include an electronic or website address that can be used to indicate the wish to unsubscribe. Both the sender and the person on whose behalf the message is sent are responsible for ensuring that the opt-out is effectuated promptly, within 10 business days. They must also ensure that the contact information and opt-out address remain valid for at least 60 days after the message is sent.

An example of a commercial electronic message that would need to comply with the Canadian Anti-Spam Law would be an email from a company promoting a new product. The email would need to include the name of the company and any other person on whose behalf the message is sent, such as a marketing agency. It would also need to provide contact information for the company or agency, such as a phone number or email address. Finally, it would need to include an opt-out mechanism, such as a link to unsubscribe from future emails.

If the recipient of the email chooses to opt-out, the sender and the person on whose behalf the message is sent must ensure that the opt-out is processed within 10 business days. They must also ensure that the contact information and opt-out address remain valid for at least 60 days after the email is sent.