Canada and the USA. We enjoy the world's longest undefended
border... a border that unfortunately does not screen spam.
If you are an American attorney with US clients doing business
in Canada, then you should be aware of a few things, like our lack
of imaginative legislative
acronyms, such as
the CAN-SPAMAct (from
"Controlling the Assault of Non-Solicited Pornogrphy And
Marketing) (...or while we're at, who can forget the Preventing
Real Online Threats to Economic Creativity and Theft of
Intellectual Property (PROTECT-IP) Act, or the Enforcing and
Protecting American Rights Against Sites Intent on Theft and
Exploitation (E-PARASITE) Act). Secondly, you should be aware
that Canada's incoming anti-spam law, known as CASL
(Canada's Anti-Spam Law) is coming into force next week, on
July 1, 2014. Here are some pointers for US
Remember, an organization's compliance with CAN-SPAM does
not necessarily mean compliance with CASL. This is
because of a number of important points of departure between the
two laws. Canada's law has been described as among the
CASL broadly covers all "commercial electronic
messages" and is not restricted to email, as
is the case with CAN-SPAM. Thus, CASL is broad enough to
capture text messages, social media messaging and other forms of
CAN-SPAM permits a "negative option" approach to
consent, in which toggle consent boxes can be pre-clicked and the
user has the ability to opt out by "un-clicking". CASL
prohibits such an approach and requires express
consent with an opt-in mechanism.
Statutory penalties under CASL are more severe (up to $10
million for organizations, and up to $1 million for individuals),
and the law also establishes a broader private right of civil
action (which will come into effect in the future).
Lastly, CASL does provide for personal
liability for directors and officers.
For more information on the application of this law to American
businesses, contact Field Law.
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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