Big Impact on Organizations and People Across Canada and Beyond
Canada's Anti-Spam Legislation (CASL) comes into force on
July 1, 2014. It is widely considered to be the most restrictive
legislation in the world regulating commercial electronic messages
("CEMs"). CASL has already had a significant impact on
Canadian businesses, including not-for-profit organizations and
other persons using electronic communications for commercial
purposes, and will continue to have such an impact on business
processes and risk management strategies going forward!
At its heart, and contrary to most other international anti-spam
legislation, CASL constructs an express "opt-in" regime
for sending CEMs and the installation of computer programs.
Businesses and those who are subject to CASL, including
directors, officers and agents of organizations, are exposed to
extremely high penalties for violating CASL.
If You Don't Believe You're Caught By CASL, Think
CASL doesn't just apply to what we typically think of as
"spam." Each and every electronic message sent for a
commercial purpose, by email, text, SMS or even social networking,
will have to be examined to ensure it is compliant with the
obligations under CASL. In addition, CASL has international reach
as it can apply to organizations and people beyond Canada's
Legislators attempted to mitigate the unprecedented scope of
CASL's application by including a labyrinth of exemptions and
limited circumstances in which consent may be implied. These
exemptions and implied consent provisions can be tracked through
the legislation, regulations, as well as through published
Understand the scope of CASL and how it may impact you and your
business. If you'd like to speak with someone or simply bounce
ideas around, we'd love to help. We also have additional
Toolkits and written resources that we've put together to help
you design your CASL-compliant operations moving forward.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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