The Investment Management Group of Borden Ladner Gervais LLP
(BLG) recently hosted a seminar for clients in the investment
management sector about Canada's new anti-spam law
(CASL). Lynn McGrade moderated the presentation by lawyers
Adrian Liu and Eva Chan, who are working with many of our clients
to implement CASL. We appreciated the good turnout and the number
of questions that we received from the people who attended our
If you missed this presentation, you should be aware of these five
things about CASL:
Most of CASL will come into force on July 1,
CASL applies where a computer system located in Canada is used
to send or access a commercial electronic message, which means the
law also applies to firms located outside of Canada, if they send
emails to recipients in Canada.
Unless the commercial electronic message you send falls under
an exemption, you will need to satisfy the consent and content
requirements, including having an "unsubscribe" mechanism
in every email.
Starting July 1, sending an email to ask for
consent is itself a commercial electronic message, which requires
consent of the recipient (unless an exemption is available).
Firms can be liable for administrative monetary penalties of up
to $10 million per violation.
Our message during our seminar was that firms should be working
now to get ready for CASL, including carrying out the
Audit what kinds of commercial electronic messages you send,
who you send them to, and how new contacts are obtained.
Consider the need for a "consent campaign" before
July 1, 2014, including identifying which
exemptions may apply to which categories of recipients or
commercial electronic messages.
Review your unsubscribe mechanism for compliance with
Create policies, including for email communications, capturing
consent and unsubscribing.
Train and educate personnel at your firm about CASL.
Our dedicated webpage for CASL -
blg.com/antispam - has more information about CASL, as well as
a listing of the members of BLG's CASL team.
Adrian has been working with many Canadian and U.S.-based
investment management firms to help them understand and comply with
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