Kellogg Canada Inc. has a long history operating in Canada. The
CRTC alleged that Kellogg sent commercial electronic messages
during a period of October 2014 through December 2014 without the
consent of the recipients of the messages. It is noteworthy that
the allegation included work that may have been carried out by
Kellogg's third-party service providers.
Unfortunately, as has been the case with the past two years of
enforcement actions under Canada's Anti-Spam Law (CASL), very
few details were made public and as a result organizations do not
benefit from the availability of more detailed legal analysis and
interpretations as they seek to navigate this complex and ambiguous
law. What was published was that Kellogg entered into an
undertaking which included payment of $60,000.
The undertaking also included a commitment to require
third-party message service providers to comply with CASL.
Kellogg's compliance program will include updating written
policies and procedures for compliance, training of staff as well
as monitoring and audit provisions to assess compliance. A tracking
program to focus on complaints regarding commercial electronic
messages and the resolution of such complaints is also reported to
be an element of the compliance program.
The CRTC reported that the undertaking and payment resolves all
outstanding issues with respect to non-compliance alleged against
Kellogg and its subsidiaries under CASL.
As has been the case with most recent enforcement action under
CASL the defendants had opted for an undertaking that includes a
payment as well as provision of a more thorough CASL compliance
With the private right of action coming into force on July 1,
2017, all organizations should revisit their compliance efforts.
The CRTC is signalling that more formal, documented policies and
procedures as well as supporting training and review mechanisms are
expected. As well, organizations that use third-party service
providers to conduct email marketing campaigns are well advised to
ensure adequate compliance by those service providers as well.
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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