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.