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ARTICLE · 26 JUNE 2017

Taking CASL By Storm: Compliance Tips For Investment Fund Managers

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Privacy has become a global issue in recent years. In this vein, the law informally named CASL has applied to all electronic communications sent with a commercial purpose from Canada or accessed in Canada since mid 2014.

CanadaCompliance
McMillan LLP
McMillan LLP
Michael Burns
Michael Burns
Margaret McNee
Margaret McNee
Leila Rafi
Leila Rafi
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Background

Privacy has become a global issue in recent years. In this vein, the law informally named Canada's Anti-Spam Legislation ("CASL") has applied to all electronic communications sent with a commercial purpose (including emails, texts and instant messaging collectively referred to in this article as "CEMs") from Canada or accessed in Canada since mid 2014. The purpose of CASL is to regulate commercial conduct that discourages e-commerce, such as sending CEMs non-consensually (also known as "spamming", though CASL never uses that term).

Failure to comply with CASL can result in penalties of up to $1 million per day up to total of $10 million for businesses, and directors and officers can also be found personally liable for CASL violations. CASL is currently enforced by the Canadian Radio - Television and Telecommunications Commission ("CRTC") which has levied penalties between $15,000 and $1,100,000 for CASL violations to date.

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