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ARTICLE · 11 OCTOBER 2014

There Is More To CASL Than "Spam" – Rules For The Installation And Use Of Computer Programs

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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You may have thought you heard everything about Canada’s anti-spam law (commonly known as "CASL") since it came into effect this past July, but CASL has additional rules coming into effect on January 15, 2015 dealing with the commercial installation and use of computer programs on another person’s computer system.

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You may have thought you heard everything about Canada's anti-spam law (commonly known as "CASL") since it came into effect this past July, but CASL has additional rules coming into effect on January 15, 2015 dealing with the commercial installation and use of computer programs on another person's computer system.

The rules apply to almost any computer program installed on a broad range of computing devices as part of a commercial activity. The rules are not limited to malware, spyware or harmful software.

There are potentially serious implications for Canadian businesses that distribute computer programs, including any business that has created a mobile app for distribution. In addition, foreign businesses that distribute computer programs to computer systems located in Canada are also captured. Businesses will now need to shift their focus from the rules for commercial electronic messages and consider the implications of these other rules under CASL.

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