Page 32 - Biz X Magazine - July/August, 2014 Issue

more than just the law Canada Adopts BROUGHT TO YOU BY Anti-Spam Law WWW.MILLERCANFIELD.COM By David McNevin & Jennifer Shilson Efective July 1, 2014, anyone who CONSENT is sent on behalf of multiple persons, then all of makes use of “commercial electronic Consent can be obtained either in writing these persons must be identifed in the CEM. messages” (“CEM”) needs to be aware of or orally. In either case, the onus is on the Where it is not practical to include this new federal legislation governing the use person sending the message to prove they information in the body of a CEM, then of such messages. A CEM includes email, have obtained consent. a hyperlink to a webpage containing this fax, SMS (or text message), social media Te manner in which you request consent information is acceptable as long as the or other electronic means of distributing may not presume consent. Silence or inaction webpage is readily accessible at no cost to the information. on the part of the recipient is not consent. recipient of the CEM. If one of the purposes of sending the Consent must be obtained through an AN UNSUBSCRIBE MECHANISM CEM is to encourage the recipient to opt-in mechanism, as opposed to opt-out. Under CASL, you must include an participate in commercial activity, then the Te end-user must take some positive action unsubscribe mechanism in the CEMs that law applies to you. to indicate their consent. For example, this you send. For example, a CEM sent via SMS In assessing whether this criteria applies, can be done by providing a blank box which a may state that an end-user can unsubscribe by consider the following: user can check of to indicate consent. texting the word “STOP.” Another possibility • the content of the message Consent to send CEMs is implied for a is a hyperlink that is included clearly and • any hyperlinks in the message to website period of 36 months beginning July 1, 2014, prominently in an email that allows the end- content or a database, and where there is an existing relationship that user to unsubscribe by simply clicking it. Te • contact information in the message. includes the communication of CEMs. hyperlink may also be to a webpage that is If you are sending a CEM to an electronic However, the implied consent will end if the readily accessible without delay and is at no address, then you need to comply with three recipient indicates they no longer consent to cost to the recipient. requirements. You need to: (1) obtain consent receiving CEMs. Please consult a lawyer before taking any of the recipient; (2) provide identifcation IDENTIFICATION OF SENDER(S) action based on information contained in this information, and (3) provide an unsubscribe You must identify yourself and the persons article. Jennifer Shilson and David McNevin mechanism. on whose behalf a CEM is sent. When a CEM are partners of Miller Canfeld LLP. RBC Dominion Securities Inc. BUSINESS IS TOUGH ONE TRUSTED TEAM FOR ALL YOUR WEALTH MANAGEMENT NEEDS With 45 years of combined experience, we provide advice that helps clients build, protect and transfer wealth effciently. Contact us today at 519-252-3670 for a complimentary review Steven Mayo, Vice-President & Investment Advisor Robyn Molyneau, Associate Advisor & Financial Planner Professional Wealth Management Since 1901 RBC Dominion Securities Inc.* and Royal Bank of Canada are separate corporate entities which are affliated. *Member-Canadian Investor Protection Fund. RBC Dominion Securities Inc. is a member company of RBC Wealth Management, a business segment of Royal Bank of Canada. ®Registered trademarks of Royal Bank of Canada. Used under licence. ©2013 Royal Bank of Canada. All rights reserved. Working with a PRINTER shouldn’t be. Annex Printing specializes in magazines, catalogues, newsletters and reports. Our one-stop print shop offers a complete menu of printing and fulfllment services. Let us help you make BUSINESS easier. Frances Edmonds or Laurie Bouck Sales/Customer Service If you would like to sponsor [email protected] a prize for an upcoming “Biz MiXer”: email [email protected] Value must 32 BIZ X MAGAZINE • JULY/AUG 2014 be $100. You will receive promotion on this page in the magazine and also during the Biz MiXer” evening. BizX2014JulyAug52.indd 32 2014-07-01 7:53 PM