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ARTICLE · 01 FEBRUARY 2014

CASL - What Does It Mean To Your Business?

CASL is based on an opt-in model, meaning recipients must expressly opt-in and agree to receiving CEMs.

CanadaPrivacy

Canada's Anti-Spam Legislation ("CASL") was passed by Parliament on December 15, 2010,. Viewed as one of the world's toughest anti-spam laws, it was originally planned to come into force in 2011 and 2012. However, it was not until December 4, 2013 that the fi nal Industry Canada regulations (the "Regulations") that are to govern the enforcement of the CASL were released following a lengthy process of stakeholder consultation.

As a result of the Regulations, CASL will come into force on July 1, 2014. The Canadian Radio-television and Telecommunications Commission ("CRTC") will then have the power to enforce a maximum available penalty of $10M for an offence committed by an organization. The provisions relating to installation of computer programs and private cause of action set out in CASL will not come into force until January 15, 2015 and July 1, 2017 respectively.

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