ARTICLE · 26 AUGUST 2014

How To Avoid Employer Liability Under Canadian Anti-Spam Legislation (CASL)

Stringer LLP

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Your employee is on Facebook over her lunch break, when she notices that her friend’s brother is the President of a start-up that could likely use your company’s services.

CanadaPrivacy

Jeremy Schwartz

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Your employee is on Facebook over her lunch break, when she notices that her friend's brother is the President of a start-up that could likely use your company's services. She retrieves his email address from Facebook and sends him an email from her company email account, looking to arrange a coffee meeting to catch up and perhaps talk business.

Before July 1^st of this year, this was an admirable employee attempting to expand the company's business and following up on a promising lead.
Today, she has exposed your company to risk of prosecution, hefty fines (up to $10,000,000 – no, that's not a typo), and soon the spectre of civil litigation.

What troubles us and our clients, is that this is not an obscure scenario plucked from a law school exam. Rather, it is one of many, practical vulnerabilities facing Canadian employers since the coming into force of the new Canadian Anti-Spam Legislation (CASL).

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