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ARTICLE · 08 MAY 2014

Canada’s Anti-Spam Law: Are You Ready?

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Ten years in the making, Canada’s "anti-spam" law, colloquially called CASL in spite of its actual 51-word title, comes into force on July 1, 2014.

CanadaPrivacy
McMillan LLP
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Janine MacNeil
Janine MacNeil
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Ten years in the making, Canada's "anti-spam" law, colloquially called CASL in spite of its actual 51-word title, comes into force on July 1, 2014. With its significant penalties (including directors' and officers' personal liability and class action lawsuits) and broad prohibition, those doing business in Canada must come to realize that CASL covers much more ground than "anti-spam" law: it regulates most electronic interactions and significantly alters the Canadian landscape of electronic business.

Prohibition on Commercial Electronic Messages*

CASL stringently regulates "commercial electronic messages" (CEMs), being messages sent to an electronic address where one of its purposes is to encourage participation in a commercial activity. This prohibition is not limited to "spam", "mass mails", certain marketing efforts, or even messages that are "primarily" commercial: it applies to all CEMs. The prohibition applies if a computer system located in Canada is "used

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