Enforcement Advisory: Keeping Records Of Consent Under CASL

Co-authored by: Holly Sherlock, Temporary Articled Student

The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued an Enforcement Advisory, providing guidance on how individuals and businesses can better achieve compliance with the record-keeping and consent requirements prescribed under Canada's Anti-Spam Law (CASL).

First effective on July 1, 2014, CASL generally prohibits certain electronic interactions without consent. The main activity regulated by CASL is the sending of electronic messages with a commercial purpose, known as "commercial electronic messages" or CEMs, without express or (statutorily-prescribed) implied consent. The Enforcement Advisory is primarily directed at senders of CEMs; however, CASL also imposes express consent requirements in connection with CASL-regulated activities outside the CEM context — such as altering transmission data (section 7) and installation of computer programs (section 8). Thus,