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ARTICLE · 27 JUNE 2017

Requirements For Anti-Spam Compliance For Insurers

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This was welcome news for many industries. The private right of action presented a new risk of significant statutory damages and potential class action lawsuits for minor and technical breaches of CASL.

CanadaInsurance
Sean McGurran
Sean McGurran
Laurie LaPalme
Laurie LaPalme
Bernice Karn
Bernice Karn
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On June 7, 2017, the Minister of Innovation, Science and Economic Development announced that the private right of action under Canada's Anti-Spam Legislation (CASL) that was due to come into effect on July 1st has been suspended. This was welcome news for many industries. The private right of action presented a new risk of significant statutory damages and potential class action lawsuits for minor and technical breaches of CASL.

While this move has provided some relief, it does not affect the end of the three-year transitional period for CASL set to expire on July 1, 2017. During the transitional period, commercial electronic messages (e.g., e-mails to brokers, insureds, etc.) could be sent if you had an existing business or non-business relationship that predated CASL's enactment on July 1, 2014. In other words, if your company had established a business or non-business relationship at any time before July 1, 2014, with the recipient, your company could rely on this

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