The Canadian Legal Context: PIPEDA, Canadian Radio-Television and Telecommunications, and the Competition Act

Primary tabs

The Canadian Anti-Spam Law of 2010 ("CASL") supplements and extends a statutory framework consisting of the Personal Information Protection and Electronic Documents Act ("PIPEDA"), the Canadian Radio-Television and Telecommunications Act, and the Competition Act.

In general, Canada is seen as steering a "middle course" between the European Union's stronger emphasis on individual privacy and dignity versus the U.S.'s stronger emphasis on commercial freedom. However, with the enactment and implementation of PIPEDA between 2000 and 2004, and now with the enactment of CASL, Canada may be seen as shifting closer to the European Union in adopting strong consent ("opt-in") protections for individuals against electronic commercial solicitation. See Canadian Anti-Spam Law of 2010: Opt-in Framework (Prior Consent).

See also Canadian Anti-Spam Law of 2010: Legislative Background; Canadian Anti-Spam Law of 2010: Administrative Framework; Canadian Anti-Spam Law of 2010: Private Right of Action.