McCarthy Tétrault publishes client guide to Canada’s new anti-spam law


September 12, 2011


Paul Armitage
James Gannon
Tina Giesbrecht
Charles S. Morgan
Lorne P. Salzman
Barry B. Sookman

Toronto, September 12, 2011 — McCarthy Tétrault is pleased to announce the publication of its Anti-Spam Toolkit. The 25-page guide is designed to help clients understand and address the requirements of the new anti-spam law (CASL), which is expected to come into force late this year or early in 2012.

“Extremely costly and cumbersome,“ “inconsistent with the reality of the almost universal use of electronic communication” and “overly prescriptive” are just a few of the comments that industry associations, corporations and public interest organizations have expressed to the Canadian Radio-television and Telecommunications Commission in a proceeding to finalize regulations under CASL.

CASL will be one of the toughest anti-spam laws in the world, requiring every business that sends commercial electronic messages to Canadians to implement significant changes to the way it electronically communicates with customers and potential customers.

In anticipation of the law coming into effect, the McCarthy Tétrault Anti-Spam Toolkit provides a number of helpful tools to assist clients and their legal teams, including:

  • an overview of CASL's prohibition against sending unsolicited commercial electronic messages
  • commentary on CASL's requirements related to
    • messaging consent requirements
    • message formalities
    • updating of messaging systems
    • avoiding false and misleading statements
    • technical compliance
    • working with third parties
    • remedies, penalties and private rights of action
  • a questionnaire to help businesses start their own internal review process
  • a checklist that covers the key points of CASL compliance

This summary provides more information about CASL. A copy of the 25-page Anti-Spam Toolkit can be obtained from one of the following: 

Paul Armitage
Partner, Vancouver
[email protected]

Barry Sookman
Partner, Toronto
[email protected]

Charles Morgan
Partner, Montréal
[email protected]

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For further information, or to request an interview with a McCarthy Tétrault lawyer, please contact:

Orna Dobner
[email protected]
Hélène Sansoucy
[email protected]

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