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ARTICLE · 19 JUNE 2014

New Canada Anti-Spam Legislation Effective July 1, 2014

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?

United StatesPrivacy

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

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