Impacts of Bill C-28 (the new anti-SPAM and anti-spyware legislation)

The new anti-SPAM and anti-spyware legislation (Bill C-28) will have significant implications for entities carrying on business in Canada and for entities doing business with Canadians. Its scope is very broad. Its approach to tacking the challenges posed by SPAM, malware, spyware, false and misleading representations associated with electronic messages, and harvesting of electronic address and personal information, is comprehensive.

The legislation creates significant vicarious and accessorial liability for companies and for their officers and directors with the potential for administrative penalties of up to $10 million and damages awards which can reach $1 million per day or per breach.

Accordingly, you will want to learn about this new legislation and how to comply with its many provisions. To help you do so, I am posting slides prepared by Lorne Salzman and I for the  IT Can Roundtable presentation we gave earlier today on the impacts of Bill C-28.

Sookman Salzman ITCAN Spam Slides

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5 thoughts on “Impacts of Bill C-28 (the new anti-SPAM and anti-spyware legislation)”

  1. Nadia Martel says:

    Is there any news on when the regulations for Bill C-28 will be available, and when will the Canadian anti-spam act come into effect?

  2. They are being delayed till after the election. They will likely not be published until June.

  3. Ed L. says:

    Wonder if the law applies to situations where businesses outside of Canada, e.g. USA, receive marketing emails? i.e. if they are sent from Canada but destined for the US?
    Any insight appreciated!

  4. Sue Massey says:

    Are there any updates on C-28 as of January 1st 2012?

  5. Nothing new so far.

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