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ARTICLE · 23 APRIL 2019

What Exemption? – Pitfalls And Stumbling Blocks In CASL And Privacy Compliance

Miller Thomson
Miller Thomson
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The Canadian Anti-Spam Law ("CASL") has been with us now for five years and it has been over 15 years since the Personal Information Protection and Electronic Documents Act ("PIPEDA") came into force.

CanadaPrivacy

The Canadian Anti-Spam Law ("CASL") has been with us now for five years and it has been over 15 years since the Personal Information Protection and Electronic Documents Act ("PIPEDA") came into force. Then why is CASL and privacy compliance still so fraught with uncertainty and complexity?

While there is no simple answer, two of the more salient factors include ever-changing technology and expanding regulation. The Digital Privacy Act (Canada), the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act as fairly recent examples are all having a significant impact on Canadian organizations, for a number of reasons. Additionally, public expectation and opinions are always changing, which is continuously fueled by high-profile mistakes.

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