In last month’s post, I provided some tips to those of you who may be facing a regulatory prosecution under Canada’s now famous (some might say infamous) anti-spam legislation (CASL) . Those tips may of particular interest to Compu-Finder, a Quebec company that has found itself to be the first major target of CASL’s regulatory regime.
On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it has issued a notice of violation of CASL to Compu-Finder, which imposes a potential penalty of $1.1 million. The announcement made news headlines, since it is the first time that the CRTC has issued such a significant potential penalty under CASL.
When CASL came into force, there was great concern amongst businesses about the significant penalties that may be imposed under its regime. CASL provides the CRTC with the discretion to impose penalties of up to $10 million … Continue reading “Lessons to be learned from Compu-Finder – CASL’s first major target”
Author: Xavier Beauchamp-Tremblay, Norton Rose Fulbright LLP
The entry into force of the first group of provisions of Canada’s anti-spam act  (CASL) on July 1, 2014, (the Spam Provisions) generated considerable attention. Now that businesses have (hopefully) determined and deployed their compliance strategy for the Spam Provisions, another set of articles from CASL is about to come into force on January 15, 2015. These provisions will prohibit the installation of computer programs on another person’s computer absent express consent.
The government’s communications regarding the new set of provisions rightly focus on the fact that its immediate objective is to fight malware and viruses and, as such, most businesses would not feel immediately preoccupied (or at least concerned) by the new provisions. However, the drafting of the provisions is very broad and could apply to numerous “legitimate” businesses. This is not unlike the Spam Provisions, which had a much … Continue reading “CASL “take 2”: New provisions coming for January 2015”