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ARTICLE · 16 NOVEMBER 2016

Guide To Doing Business In Canada: CASL

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Canada's Anti-Spam Legislation,or CASL for short, came into force on July 1, 2014. It is one of the most prescriptive and punitive anti-spam laws anywhere in the world.

CanadaCorporate/Commercial Law
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CASL

Canada's Anti-Spam Legislation,1or CASL for short, came into force on July 1, 2014. It is one of the most prescriptive and punitive anti-spam laws anywhere in the world. With penalties of up to $10 million, CASL compliance has become a priority for anyone doing business in Canada.

This chapter focuses both on the requirements for sending electronic messages under CASL and the requirements regarding express consent for the unsolicited installation of computer programs, which came into effect on January 15, 2015.

1. Overview

With respect to spam, CASL imposes two primary obligations. First, CASL prohibits the sending of unsolicited commercial electronic messages. This means that, subject to certain exceptions, before sending an electronic message that encourages participation in a commercial activity — including most standard promotional or advertising emails and texts — the sender must have either the express or implied consent, as defined under CASL, of

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