The CASL Regime(s)—Anti-Spam And Anti-Malware

CASL is a new regime, with significant administrative monetary penalties (maximum CA$10 million), and is broader in scope than the anti-spam laws of the US and other countries.  If you do business in Canada, you are likely aware that Canada's Anti-Spam Law (CASL) targets unsolicited commercial electronic messages (CEMs). The provisions of the CEM "anti-spam" regime entered into force on July 1, 2014. 

It is somewhat less well known that CASL includes provisions on the installation of "computer programs." CASL generally prohibits installing an app, widget, software or other executable data on a computer system (including a computer or device) in the course of a commercial activity unless the program is installed with consent and complies with disclosure requirements. These CASL provisions will come into force on January 15, 2015.