OTTAWA – The CRTC is reminding Canadian businesses and individuals that send commercial electronic messages (CEMs) to keep records of consent consistent with the country’s anti-spam legislation (CASL).
In an enforcement advisory issued Wednesday, the Commission said that it has observed that some businesses and individuals are unable to prove they have obtained consent before sending CEMs, noting that the onus of proving consent always remains with the person(s) sending, causing or permitting the sending of CEMs.
According to the CRTC's guidance on corporate compliance programs and guidance on consent and how to prove consent, senders of commercial electronic message should consider keeping a hard copy or an electronic record of, among others:
– all evidence of express and implied consent (e.g. audio recordings, copies of signed consent forms, completed electronic forms) from consumers who agree to receive CEMs;
– documented methods through which consent was collected;
– policies and procedures regarding CASL compliance; and
– all unsubscribe requests and resulting actions.
The CRTC also reminded Canadians who receive CEMs for which they have not provided consent or have previously unsubscribed from to submit a complaint at the Fight Spam website or email spam@fightspam.gc.ca
