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ARTICLE · 06 JUNE 2017

CASL, July 1, 2017 And Why You May Need To Purge Your Electronic Mailing List

Miller Thomson
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You are likely getting a flurry of emails asking you to provide the sender CASL (Canada's anti-spam legislation) consent.

CanadaPrivacy
Jennifer Babe
Jennifer Babe
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You are likely getting a flurry of emails asking you to provide the sender CASL (Canada's anti-spam legislation) consent. You got similar consent requests before July 1, 2014 when CASL first came into effect. Now you are getting more such express consent requests. Why is this? Well there are two reasons, both of which may mean you need to work on your own contact management database before June 30th.

1. End of the Business Relationship Transition Rule:

First it is because on July 1, 2017 the implied business consent transition rule for CASL expires. This grandfathering rule provided the sender an implied consent where the sender had both (i) done business with the recipient at any time prior to July 1, 2014 and (ii) had sent that party at least two electronic messages before that same date. For example, if the sender had last done business with a customer in 2005, and had sent that customer at least two emails, there was implied consent. The transition rule gave

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