As most will be aware by now, on July 1, 2014 parts of Canada's Anti-Spam legislation, known as CASL, will come into force, and have a dramatic impact on the way in which electronic commerce is conducted. The legislation is aimed at curbing the proliferation of unwanted electronic messages, commonly referred to as spam or junk email. Generally spam refers to unwanted bulk email but this legislation is not focussed solely on bulk messages. It applies to all "Commercial Electronic Messages" which are known as CEMs.
In addition to the legislation there are two sets of regulations issued by the Canadian Radio-television and Telecommunications Commission, the Electronic Commerce Regulations (CRTC) and the Industry Canada Electronic Commerce Protection Regulations.In addition, there are the Compliance and Enforcement Information Bulletins CRTC 2012-548 and 2012-549.
The provisions of CASL and the Regulations dealing with spam will come into effect on July 1, 2014. The provisions dealing with the installation of computer programs on January 15, 2015 and the Private Right of Action provisions on July 1, 2017.
There are also transitional provisions which provide for a three-year window to allow for migration of existing business relationships.
Section 3 sets out the Purpose of the legislation: "to promote the efficiency and adaptability of the Canadian economy by regulating commercial conduct that discourages the use of electronic means to carry out commercial activities, because that conducts ..." does one of the following:
- Impairs the availability, reliability, efficiency and optimal use of electronic means to carry out commercial activities;
- Imposes additional costs on businesses and consumers;
- Compromises privacy and the security of confidential information; and
- Undermines the confidence of Canadians in the use of electronic means of communication to carry out their commercial activities in Canada and abroad.
The legislation applies to the private sector and to agents of both the federal and provincial Crown when acting in the course of a commercial activity. The legislation will also apply to altering transmission data and to the installation of computer programs.
CASL is a complicated piece of legislation with a number of exemptions and exceptions and has a much broader effect than many realize. Over the next few weeks, this blog will examine the various aspect of the legislation and provide some insight and assistance to organizations trying to get ready for compliance.
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.
