Duty LXD-6584
Distributes a software product, in Canada
Canada's Anti-Spam Legislation, Installation of Computer Programssince 6 lines
S.C. 2010, c. 23, s. 8 · Read the law's page
- Get the express consent of the computer system's owner or an authorized user before installing, or causing to be installed, a computer program on that system in the course of a commercial activity, and before causing an electronic message to be sent from a system on which you installed a program this way.
- This duty applies only if the computer system is in Canada, or if you (or whoever directed you) are in Canada, at the relevant time.
- A user is treated as having expressly consented to a cookie, HTML code, JavaScript, an operating system, or another program that runs only through a program they already consented to, provided their conduct makes it reasonable to believe they consent to it running.
- If the program collects personal information stored on the system, interferes with the owner's or user's control of the system, changes or interferes with settings or data without their knowledge, causes the system to communicate with another device without authorization, or can be activated by a third party without the owner's or user's knowledge, describe those material elements and their impact clearly, prominently and separately from the licence agreement when requesting consent, and obtain a written acknowledgement that the person understands and agrees.
- For one year after installing a program with one of those functions, give the person who consented an address to request its removal or disabling if they believe the description they were given was inaccurate, and, where it was, help them remove or disable it at no cost, as soon as feasible.
- An update or upgrade to a program already expressly consented to does not need fresh consent, provided it is installed on the terms of that original consent.