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ARTICLE · 23 SEPTEMBER 2014

Life After CASL – Now What?

Borden Ladner Gervais LLP
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In the months leading up to July 1, you likely received emails from a variety of organizations asking for your consent to receive electronic communications.

CanadaPrivacy
Adrian Liu
Adrian Liu
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In the months leading up to July 1, you likely received emails from a variety of organizations asking for your consent to receive electronic communications. These organizations were running a so-called "consent campaign" in order to get ready for Canada's new anti-spam legislation (known as "CASL"), which came into force on July 1. CASL imposes new rules on the sending of "spam" or commercial electronic messages and affects any person or organization that uses email as a marketing or promotional tool. One of the requirements is that recipients expressly consent to receiving commercial electronic messages ("CEMs"), which is why there were so many emails requesting consent.

Since July, the CRTC (the government agency responsible for enforcing CASL) has received over 100,000 complaints to its Spam Reporting Centre and sources say that investigations are ongoing. Curiously, there has been a recent surge of enforcement action in a law similar to CASL, the Do-Not-Call

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