Update On Canada’s Anti- Spam Legislation – Don’t Wait To Get Ready

Bottom Line: Canada's Anti-Spam Legislation ("CASL") is a strict regime with severe penalties for non-compliance, including a private right of action. For example, as marketers, whether you're using electronic means to invite consumers to enter a contest, try a new product or participate in some other marketing program, you won't be able to do so without getting proper consent and observing speci_c form and content requirements in your subsequent e-messages.

BACKGROUND

CASL regulates the sending of "commercial electronic messages" ("CEMs"), including email, text, sound, voice and image messages. Notably, this definition goes beyond the reach of anti-spam legislation in the US and several other jurisdictions which focus on email spam. CASL applies to CEMs sent to, through or from Canada, meaning that it applies to US or other international senders who send emails into Canada.