Will Your Marketing Campaign Be the Target of a
Class Action Lawsuit or Regulatory Investigation for Failing to
Comply with Canada's Anti-Spam Legislation?
What is Canada's Anti-Spam Legislation
("CASL")?
CASL1 was passed into law on December 15, 2010, and
is widely regarded as the strictest anti-spam legislation in the
world. The Canadian Radio-Television and Telecommunications
Commission, the Canadian Competition Bureau and the Office of the
Privacy Commissioner of Canada are all empowered to enforce and
issue administrative monetary penalties for violations of CASL.
How is CASL Different than CAN-SPAM?
CASL is far broader and more restrictive in its application than
the U.S. Controlling the Assault of Non-Solicited Pornography and
Marketing Act of 2003 ("CAN-SPAM"). For instance,
while CAN-SPAM regulates the content and form of
e-mail messages and establishes an "opt-out" regime, CASL
prohibits all commercial electronic
messages that are sent without