C28: the right to legal action suspended but fines still possible!

On June 7, 2017 the story of Bill C-28 went through another plot twist. On that date, the government suspended the private right of action provisions under Canada’s anti-spam law. The purpose of this legislation is to protect Canadians from unwanted or unsolicited emails. The Bill was passed on July 1, 2014. It includes a three-year grace period.

Law C28 in short

  • Refers to commercial e-mails sent to an e-mail address.
  • In most cases, requires companies to obtain consent prior to sending e-mail messages.
  • Establishes mandatory rules in respect to the form of communication (unsubscribe link, …)
  • Requires companies to provide evidence of obtained consent.
  • Provides for penalties in case of non-compliance.

As soon as the law was announced, the business community was quick to react. Indeed, many companies expressed their concerns about the impact of these measures on their business activities. Associations such as the Canadian Marketing Association (CMA) have strongly denounced the negative effects of the law and helped achieve the suspension of the plaintiff’s right to appeal.

So, what will happen on July 1, 2017?

Since Bill C28 is only challenged on the question of the possibility of civil action against companies sending the commercial emails, it remains valid. It’s important to note that penalties in the form of fines from the CRTC remain applicable and may even intensify on July 1.

If you’ve already made arrangements to comply with law C28, don’t change anything! If you haven’t been paying attention to it as of yet, don’t put it off any longer!

Here at Exo B2B, we advocate personalized and respectful marketing. We set up e-mail campaigns on behalf of all types of customers, ensuring they convey a good corporate image to their target audience while being effective in achieving results.

Interested? Contact us!

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