On July 1, 2014, Canada's new anti-spam legislation
("CASL") will come into force. This new legislation will
regulate how all commercial electronic messages ("CEMs")
are sent and received in the Canadian market place. The scope of
the legislation is very broad; a CEM is any electronic message that
encourages participation in a commercial activity, regardless of
whether there is an expectation for profit. CEMs are not limited to
e-mail, but include every type of electronic communication, such as
social media and instant messaging. Every business, big or small,
needs to understand this new legislation and take steps in order to
comply with it.
Penalties
The penalties for non-compliance with CASL should be taken
seriously. CASL, once in effect, will have the sharp teeth of three
regulatory bodies, including the Canadian Radio-television and
Telecommunications Commission, the Office of the Privacy
Commissioner, and the Competition Bureau. Fines for infractions
will be
