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ARTICLE · 16 JUNE 2020

FCA Confirms CASL Is Constitutional, But Limits Business Communications Exemption

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In a recent decision, the Federal Court of Appeal dismissed CompuFinder's appeals against two Canadian Radio-television and Telecommunications Commission...

CanadaLitigation, Mediation & Arbitration
Molly Reynolds
Molly Reynolds
Ronak Shah
Ronak Shah
Andrew Bernstein
Andrew Bernstein
Saambavi Mano
Saambavi Mano
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In a recent decision, the Federal Court of Appeal dismissed CompuFinder's appeals against two Canadian Radio-television and Telecommunications Commission decisions arising from one of the first enforcement actions under Canada's Anti-Spam Legislation (CASL)1. In addition to finding that CASL's Commercial Electronic Message (CEM) provisions are constitutional, the FCA provided further clarity on the "business-to-business" exemption, conspicuous publication exemption, and unsubscribe mechanism requirements.

What you need to know

  • "Business-to-business" exemption:
    • Sender organizations must be able to establish that they had a relationship with the recipient organization, not just some employees.

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