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ARTICLE · 11 JULY 2012

Preparing For Compliance With Canada's New Anti-Spam Legislation

Gowling WLG
Gowling WLG
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Canada’s Anti-Spam Legislation (CASL), is expected to be declared in force towards the end of 2012, or early in 2013.

CanadaMedia, Telecoms, IT, Entertainment

Canada's Anti-Spam Legislation (CASL), is expected to be declared in force towards the end of 2012, or early in 2013. CASL will create a regulatory system to govern most forms of commercial electronic messages sent to Canadians, including email, text messages and messages sent via social media (CEMs). Under CASL, it will be necessary to have either express or implied consent to send such CEMs. An unsubscribe mechanism complying with the statutory and regulatory requirements will be required, and the message itself will be required to make prescribed informational disclosures.

With hefty new penalties for sending commercial electronic communications without the consent of the recipient, including a maximum fine of $10 million, marketers and advertisers should be turning their thoughts to compliance now. As detailed in a previous AdBytes Alert, the Canadian Radio-television and Telecommunications Commission (CRTC) has published final regulations detailing the

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