In July of this year, private rights of action under
Canada's Anti-Spam Legislation (CASL) will
come into force. This update will bring increased liability for
directors and officers. As large class action lawsuits are widely
anticipated, employers should ensure their workplace electronic
messaging procedures are in compliance before its too late.
CASL
In effect since July of 2014, CASL prohibits any individual or
organization from sending, or causing or permitting to be sent,
commercial electronic messages (CEMs) unless the
recipient has consented and the message satisfies the form and
content requirements. CEMs are defined as any electronic message
designed to encourage participation in a commercial activity
whether or not it is accompanied by an expectation of profit. CEMs
include email, text and image messages, social media messages, and
voicemail.
