The Email Delivery Guru

On December 15, 2010 Canadian Bill C:28 was signed into law. As Return Path is reporting, final details of the regulations will be published in January, but here's what we know so far.

Unofficially named "Canada's Online Protection Legislation," (according to CAUCE) the law covers permission and best practice requirements related to commercial email messages. It is written in such a way that it likely covers other types of electronic communication, including instant messaging, SMS and social media-related communication.

This is an opt-in law, but don't be alarmed. It does not establish some arduous new standard for permission. The law states that "it is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message unless the person to whom the message is sent has consented to receiving it, whether the consent is express or implied." Implied consent seems to basically be defined as "existing business relationship," and there is a defined two year period after which you cannot assume an existing business relationship. We recommend that all clients adhere to opt-in permission to avoid having to cease mail to customers after the two year period expires.

The law requires that the sender must be identified. The message must "set out prescribed information that identifies the person who sent the message and the person - if different - on whose behalf it is sent." Contact information must be included. The message must "set out information enabling the person to whom the message is sent to readily contact one of the persons referred to in paragraph." The law clarifies that this contact information must be valid for at least 60 days after the message is sent. Our recommendation is to include the company name and contact details. The mailing address information currently included in email messages (for CAN-SPAM compliance) should suffice for contact details.

An easy internet-based unsubscribe mechanism must be offered in all commercial messages "at no cost." It must be offered via "the same electronic means by which the message was sent, or if using those means is not practicable, any other electronic means that will enable the person to indicate the wish; and specify an electronic address, or link to a page on the World Wide Web that can be accessed through a web browser, to which the indication may be sent."

Similar to CAN-SPAM, C-28 requires that unsubscribes be processed within ten days. It also prohibits address harvesting and dictionary attacks, two types of "worst practice" practices used to obtain email addresses.

Stay tuned for more information as it becomes available.