Canadian Anti-Spam Law of 2010: Content Requirements and Opt-Out
Clause 6(2) of the Canadian Anti-Spam Law of 2010 prescribes certain content for legal "commercial electronic messages". Such messages must:
- identify the person who sent the message, and any person on whose behalf the message is sent;
- set out information that would enable the recipient to "readily" contact either the sender or the person on whose behalf the message is sent; and
- set out an "unsubscribe mechanism" (i.e. describe a method for "opting out" of future commercial electronic messages).
Clause 11(1) of the Canadian Anti-Spam Law of 2010 provides that the description of the "unsubscribe mechanism" must include an electronic address or a website address that can be used, without cost, to indicate the wish to unsubscribe. See Canadian Anti-Spam Law, S.C. 2010, c. 23, §11 (Can. 2010).
Both the sender of a commercial electronic message, and the person on whose behalf a commercial electronic message is sent, are responsible for ensuring that the "opt-out" is effectuated promptly, no later than 10 business days after the wish to opt-out has been indicated. See Canadian Anti-Spam Law, S.C. 2010, c. 23, §11(3) (Can. 2010). Both the sender and the person on whose behalf the message is sent must also ensure that the electronic address or website address specified for opting-out, as well as their contact information, remain valid for a minimum of 60 days beyond the day on which the commercial electronic message was sent. See Canadian Anti-Spam Law, S.C. 2010, c. 23, §§ 6(3), 11(2) (Can. 2010).