Canada's new Anti-Spam legislation, commonly known as "CASL", establishes an "opt-in" regime by making it presumptively unlawful to send a commercial electronic message (CEM), unless the recipient has consented to receive it, and the sender includes certain information and an unsubscribe mechanism.
Canada's new Anti-Spam legislation, commonly known
as "CASL", establishes an
"opt-in" regime by making it presumptively unlawful to
send a commercial electronic message (CEM), unless the recipient
has consented to receive it, and the sender includes certain
information and an unsubscribe mechanism. CASL applies to anyone who uses
email for any commercial purpose. Violators face heavy sanctions,
including fines up to $10 million, and private damages actions.
Most of CASL's provisions come into
force on July 1, 2014.
What is a commercial electronic message?
A "commercial electronic message" is defined broadly
as any electronic message whose purpose is to encourage
participation in a commercial activity. This includes messages
about buying or selling a product or service, or that promote a
business or investment, as well as messages promoting a person in
relation to commercial activities, such as a professional
newsletter. The definition of a CEM is not based on
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