Canada's
anti-spam legislation (generally called "CASL") comes
into force on July 1, 2014. CASL is far-reaching, applies broadly
to commercial electronic messages and computer programs, has
onerous restrictions, has significant penalties for non-compliance
(up to $10 million per violation for organizations), and is not
clearly written or easy to follow. You can find more information
about CASL and CASL compliance
here.
What Messages Are Covered by the Law?
CASL applies to "commercial electronic messages" or
"CEMs" – an "electronic message" one of
whose purposes (not necessarily the primary purpose) is to
encourage participation in a "commercial activity."
An "electronic message" is any message sent by
telecommunication, including a text, sound, voice or image message,
and "commercial" means any transaction, act or conduct
that is "of a commercial character," whether or
not the person who carries it out does so in expectation of
profit.
