| How These Legislations Affect Canadian Online | | | | contacting individuals. |
| Business | | | | 5 tips to stay on the right side of the law when |
| There’s a lot of misinformation floating around | | | | sending out bulk email as a Canadian Business: |
| the web about the Canadian Privacy act of January | | | | |
| 2004 and the Federal Trade Commission’s Can | | | | 1. Use a double-opt-in method to ensure you have |
| Spam Act as it relates to the subject of e-mail. This | | | | permission to contact recipients especially if they are |
| article is intended to shed some light on the various | | | | Canadian Residents. Even though it’s not |
| aspects of the Can Spam Act and PIPEDA and how | | | | required to comply with United States Can Spam |
| they affect bulk emailing practices and businesses in | | | | laws, it is required to comply with Canadian Privacy |
| Canada. | | | | Law. Better safe than sorry. |
| The United States Federal Trade Commission Can | | | | 2. Store all information related to an individual in a |
| Spam Act was mobilized in order to govern the use | | | | data bank secured in proportion to the sensitivity of |
| of unsolicited bulk email as a form of commercial | | | | the information being stored. E.g. Sensitive medical |
| advertising and prevent the abuse of email addresses | | | | information requires greater security than a first |
| by unscrupulous individuals. Namely it states that: | | | | name and an email address combination. |
| An unsolicited message must not have deceptive or | | | | 3. Collect, request, and store only as much |
| misleading subject lines, its headers or | | | | information as you need at any given time. If all you |
| ‘electronic-fingerprint’ must indicate its | | | | need is a first name and an email, don’t store |
| origin and not have a falsified or | | | | anything more than that. First, you will need more |
| ‘spoofed’ header. It requires that you | | | | secure facilities to house the information and comply |
| provide an opt-out method (a way for recipients to | | | | with legislation, second, you place yourself at greater |
| choose not to receive further email from you or | | | | risk for damages should a breach in security occur. |
| your company) that is clearly marked and that is | | | | 4. Make sure that at all times your unsubscribe |
| active for at least 30 days after the message is sent. | | | | method works. Don’t just comply with the 30 |
| All commercial advertisement emails must be clearly | | | | day requirement. Some people don’t read their |
| identified as commercial advertisements either early | | | | email for months. An angry recipient 60 days later is |
| on in the body of the message or within the subject | | | | still an angry recipient. It’s better to let them |
| line. Finally, commercial advertisements must include | | | | unsubscribe quietly and lose a contact you probably |
| the correct physical mailing address of the sender. | | | | didn’t want anyway than have to deal with an |
| It’s good practice to place this into every | | | | investigation from the Federal Trade Commission. |
| message you send anyways as a precautionary | | | | 5. Be honest with your audience about your content. |
| measure and a demonstration of credibility. | | | | If your message is clearly to solicit business, then say |
| The Personal Information Protection and Electronic | | | | so in the body of the email. A better strategy is to |
| Documents Act (PIPEDA) of Canada enacted in 2004 | | | | use a newsletter and focus on delivering quality, |
| was put in place to govern how personal information | | | | relevant content that benefits the recipient and gets |
| is distributed and managed as well as grant a set of | | | | them to your website where you can sell them more |
| rights to individuals as to how their personal | | | | effectively and without distraction. |
| information is used and stored. Briefly it states that: | | | | It’s worthwhile to note that the Canadian |
| When collecting personal information, the collecting | | | | Government has assembled a task force to combat |
| party must obtain permission from the individual and | | | | spam and has also appointed commissionaires to |
| inform them as to the reason for the collection of | | | | investigate any complaints of violations against |
| said data. This information is to be kept securely | | | | PIPEDA so if you think there’s no way you |
| using a level of protection appropriate to the | | | | can get caught, think again. You may find yourself in |
| information being held by the party to which it is | | | | a heap of trouble if you decide to gamble with |
| given. Also, it is to be used solely for the purpose for | | | | people’s personal information. It’s just |
| which it was given. This means that businesses may | | | | not worth it. It only takes a few complaints to the |
| not collect information such as an email address for a | | | | right people to launch an investigation which could |
| particular purpose and then transfer it to a sister | | | | cripple your company for months and worst case |
| company for an entirely different purpose. It cannot | | | | scenario, even put it out of business altogether. |
| legally be transferred or used by other parties in any | | | | The good news is that while it is now more time |
| way unless in certain special circumstances and that | | | | consuming and process intensive to send commercial |
| the person whose information it is has the legal right | | | | email for legitimate businesses, following these |
| to request viewing of any information held about | | | | guidelines will help you stay on the up-and-up and |
| them and the right to edit it as well. | | | | perhaps even increase the effectiveness of your |
| Basically, these two acts mean that Canadian | | | | email campaigns. |
| Businesses who collect data such as names, | | | | If you would like to find out more about how E-Mail |
| addresses, phone numbers, and emails for commercial | | | | Marketing can help your business, contact us about |
| use would be wise to adhere to both acts as | | | | how we can help you create and launch an ethical |
| standard process when collecting information and | | | | email marketing campaign. |