Updating IT And BYOD Policies To Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada's Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device settings, collect personal information and update existing software.

In a corporate environment, bring-your-own-device (BYOD) policies and IT use policies will need to be re-visited given the nexus of CASL prohibitions and industry practices in managing enterprise technology and communication infrastructure. Broadly speaking, under CASL, the authorized user or owner of a device (for example, a laptop, smart phone, tablet, etc.) must consent to software installations that are not self-initiated. In certain circumstances, consent will be required even where an installation is self-initiated. Further, the law imposes specific notification and disclosure obligations. Failure to comply with CASL could result in fines of up to $10,000,000 for organizations,