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ARTICLE · 20 OCTOBER 2016

CASL Compliance Programs – Preparing For Litigation

Borden Ladner Gervais LLP
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In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.

CanadaMedia, Telecoms, IT, Entertainment
Bradley Freedman
Bradley Freedman
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 In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation (commonly known as "CASL") will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages. Organizations should assess their CASL compliance and prepare to respond to CASL lawsuits by reviewing and updating their CASL compliance program.

CASL

CASL creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties (including personal liability for employers, corporate directors and officers) designed to prohibit unsolicited or misleading commercial electronic messages ("CEMs"), the unauthorized commercial installation and use of computer programs on another person's computer system and other forms of online fraud (such as identity theft and phishing).

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