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ARTICLE · 28 OCTOBER 2013

Consent And Anti-Spam: Why Compliance With Privacy Laws May Not Be Sufficient For CASL

Borden Ladner Gervais LLP
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Canada’s anti-spam legislation ("CASL") is not yet in force but organizations are already busy preparing for the new rules, including evaluating their current practice of obtaining consent from recipients prior to sending electronic messages.

CanadaPrivacy
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Canada's anti-spam legislation ("CASL") is not yet in force but organizations are already busy preparing for the new rules, including evaluating their current practice of obtaining consent from recipients prior to sending electronic messages.  Charities and not-for-profits are subject to privacy laws when they carry out activities that have a commercial nature and, therefore, may have already obtained consent from recipients to collect, use and disclose a recipient's personal information.  It is important for charities and not-for-profits to understand that the consent required under privacy legislation differs from the consent that is intended under CASL.  Some specific considerations when evaluating consent include the following:

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