Establishing The Due Diligence Defence Under CASL

Despite being in force for over two years, many of the key provisions of Canada's Anti-Spam Legislation ("CASL" or the "Act") remain shrouded in uncertainty.  One such provision, for example, is the Act's due diligence defence regime.  While a person cannot be found liable for a violation of the Act if they establish that they exercised due diligence in their anti-spam practices, the Act is silent on what must be undertaken in order to rely on this defence.  

Seeking Due Diligence Guidance

Although CASL itself offers no clarity, the Canadian Radio-television and Telecommunications Commission ("CRTC") has provided advice over the years for how organizations can exercise due diligence under other legislation regimes.  Such guidance may potentially be useful in the context of CASL.