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ARTICLE · 23 NOVEMBER 2017

CASL Enforcement Decision - Interpretive Guidance For Compliance And Penalties

Borden Ladner Gervais LLP
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The decision provides important guidance for the interpretation of CASL and the CRTC's approach to penalties for CASL violations.

CanadaMedia, Telecoms, IT, Entertainment
Bradley Freedman
Bradley Freedman
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On October 19, 2017, the Canadian Radio-television and Telecommunications Commission issued Compliance and Enforcement Decision CRTC 2017-368 in a contested enforcement proceeding, imposing a $200,000 penalty on Compu.Finder for violating Canada's Anti-Spam Legislation (commonly known as "CASL") by sending 317 commercial emails without the recipients' consent and in some instances without a compliant unsubscribe mechanism. The decision provides important guidance for the interpretation of CASL and the CRTC's approach to penalties for CASL violations.

CASL

CASL creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties 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.

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