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ARTICLE · 08 JANUARY 2015

CRTC Issues New Guidelines On CASL’s Application To Installing Computer Programs

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On Jan. 15, 2015, new provisions in CASL will come into force and will require express consent to the installation of many forms of "computer programs" onto a person’s "computer system" such as a computer or mobile device.

CanadaMedia, Telecoms, IT, Entertainment
Christopher Oates
Christopher Oates
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On Jan. 15, 2015, new provisions in Canada's Anti-Spam Legislation, CASL, will come into force and will require express consent to the installation of many forms of "computer programs" onto a person's "computer system" such as a computer or mobile device. In anticipation of these new requirements, the Canadian Radio-television and Telecommunications Commission (CRTC) has released a guidance document indicating its interpretation of these provisions.

Of particular note, the CRTC has indicated that it does not consider CASL to apply to programs or software that the owner or authorized user themselves downloads to install on their computer or device- instead, the CRTC considers CASL to apply to programs that are pushed to the owner or authorized user by another person. By way of example, the guide suggests that CASL would not apply to the purchase and installation of an App from an App store, where a consumer purchases software on a CD and then installs it on

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