CASL and private right of action
Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.
Canada’s anti-spam legislation: Considering CASL in business transactions
Since coming into force on July 1st, 2014, Canada’s Anti-Spam Legislation (“CASL”) has created new concerns and risks that must be addressed in business transactions. This post reviews those concerns in the context of asset acquisitions, specifically the risks associated with the transfer of CASL consents for the purposes of sending marketing messages to business customers.
Developing a corporate compliance program under Canada's Anti-Spam Legislation (CASL)
CASL is now in force
As of July 1st, individuals and organizations who send or receive commercial electronic messages (CEMs) in Canada must comply with Canada’s Anti-Spam Legislation (CASL)’s anti-spam provisions. With CEMs being broadly defined, many organizations, including registered charities and not-for-profit organizations, are caught by CASL.
Guidelines to help organizations develop corporate compliance programs
On June 19, 2014, the Canadian Radio-television and Telecommunications Commission (CRTC) issued Compliance and Enforcement Information Bulletin CRTC 2014-326: Guidelines to help businesses develop corporate compliance programs (the “Compliance Guidelines”).
The Compliance Guidelines’ stated purpose is to provide general guidance and best practices on the development of organizational compliance programs to facilitate compliance with CASL as well as the CRTC’s Unsolicited Telecommunications Rules (the “Rules”).
The CRTC acknowledges in the Compliance Guidelines that no two organizations are the same and that every organization has different risks. As a result, compliance programs will vary … Continue reading “Developing a corporate compliance program under Canada's Anti-Spam Legislation (CASL)”
