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ARTICLE · 23 AUGUST 2017

CASL - Private Right Of Action Suspended

July 1, 2017 was slated to be the date when a "private right of action" under Canada's anti-spam legislation (CASL) was scheduled to come into force.

CanadaPrivacy

July 1, 2017 was slated to be the date when a “private right of action” under Canada’s anti-spam legislation (CASL) was scheduled to come into force. This private right of action was suspended indefinitely by the Canadian government through an Order in Council published June 7, 2017. According to the government news release, the private right of action was suspended “in response to broad-based concerns raised by businesses, charities, and the non-profit sector”, and the government will ask a parliamentary committee to review the legislation.

The private right of action, had it come into force, would have allowed any person alleging they were affected by a contravention of CASL’s provisions for the sending of commercial electronic messages (CEMs), alteration of transmission data or installation of computer programs, to sue individuals and organizations alleged to have engaged in the contravention. There was significant concern regarding this private right of action

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