The Canadian Parliament is now considering the Electronic Commerce Protection Act (ECPA), which was introduced by the Government of Canada on April 24, 2009 with the stated purpose “to boost confidence in online commerce by protecting the privacy and personal security concerns that are associated with spam, counterfeit websites and spyware”. The ECPA creates a comprehensive regime of offences, enforcement mechanisms and severe penalties, all designed to detect and deter specific kinds of fraud and deception in the online marketplace. All businesses engaged in electronic marketing and software distribution in Canada should be familiar with the ECPA and be prepared to comply with its requirements for the lawful use of commercial electronic messages and restrictions regarding the distribution of software.

type Information Technology Law Update – May 2009 – New Canadian Anti-Spam Legislation Considered by Parliament: Implications for Online Marketing and Software Distribution Programs