Canada’s Anti-Spam Legislation
Get ready
Canada’s Anti-Spam Legislation (CASL), widely considered to be the toughest commercial electronic messaging legislation in the world, is now in force. It will have significant implications for Canadian businesses, not-for-profit organizations and individuals using electronic communications.
CASL creates an “opt-in” regime for sending commercial electronic messages and the installation of computer programs, and calls for stiff penalties for offenders.
Extensive effects
The legislation’s messaging provisions extend far beyond what would usually be considered “spam” emails. This will force organizations to carefully scrutinize their use of email and other electronic messaging systems, including SMS, social networks and online portals.
Its computer programs provisions cover more than just “malware/spyware” and will affect the installation of a range of programs, from applications on personal computers, tablets and mobile devices, to programs embedded in consumer products - including automobiles, TV sets, PVRs, home audio systems, household appliances and more.
CASL’s provisions concerning messaging came into force on July 1, 2014. Provisions regarding installation of computer programs will come into effect on January 15, 2015, and the private right of action provided by CASL will be in force on July 1, 2017.
How can an organization prepare?
McCarthy Tétrault has acted as counsel to businesses, not-for-profits, individuals and industry organizations. Our lawyers are the country’s leading practitioners on CASL compliance challenges. We are pleased to provide you with helpful information and resources, including our comprehensive Anti-Spam Toolkit, and invite your questions.
What you need: Your CASL toolkit
McCarthy Tétrault has prepared its Anti-Spam Toolkit, which is designed to help you understand the law and adapt your business where necessary. Geared to help you and your legal team with compliance efforts, it includes these helpful tools to use in compliance programs:
- Analysis of the law, including the messaging, computer program and Competition Act provisions
- A questionnaire to help you begin your compliance efforts
- A checklist covering key CASL requirements
Anti-Spam Toolkit
The purpose of this toolkit is to help organizations navigate Canada’s anti-spam law. The antispam law does not have a formal shorthand name. The official name would take up the space of a long paragraph to print each time. For the sake of brevity, this toolkit will refer to the law by the commonly used name “Canada’s Anti-Spam Legislation”, or “CASL”.
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