Specialty Technical Publishers Releases Update to Internet Law Essentials: Canada’s Anti-Spam Law (CASL)

This is a valuable resource for in-house legal counsel, sales & marketing executives, IT administrators, auditors, and executives who handle risk management.

Commonly known as Canada’s Anti-Spam Legislation, CASL is one of the world’s toughest anti-spam laws. CASL is intended to stop spam email from occurring in Canada, but has wide ranging effects on all electronic interactions. It contains a controversial enforcement mechanism known as the “private right of action” that will allow a person to seek compensation through the courts for various violations of CASL, The Personal Information and Electronic Documents Act (PIPEDA), and the Competition Act. While most of CASL came into force on July 1, 2014, implementation of the private right of action was subject to a three-year delay which ended on July 1, 2017. Specialty Technical Publishers (STP) has now updated Internet Law Essentials: Canada’s Anti-Spam Law (CASL) to reflect the latest developments in the implementation of this law.

Although the Canadian Radio-television and Telecommunications Commission (CRTC) has been enforcing CASL since the legislation’s coming into force three years ago (sometimes quite harshly, with penalties up to $1.1 million to date, and even $15,000 against an individual), the prospect of arming private litigants with a mechanism for commencing their own legal proceedings has understandably created a great deal of concern for businesses and organizations.

CASL applies to three broad categories of electronic commercial activities:

  • Sending commercial electronic messages (CEMs)
  • Altering transmission data or electronic messages
  • Installing computer programs on another person’s computer system.

All companies communicating by email with customers in Canada must comply with CASL legislation, and several roles will be particularly affected:

  • Legal Counsel should review the Act’s requirements and continue to monitor any further guidelines released by the government.
  • Sales/Marketing Executives must assess the impact of CASL on their digital marketing strategies, especially email and social media.
  • IT Professionals need to assess how the legislation affects downloadable programs and software.
  • Risk Management Officers…

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