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.…