Are You CASL Compliant?

Important Update:

The Government has decided to suspend the implementation of the provision known as Private Right To Action.  This is the provision that would allow lawsuits to be filed against individuals and businesses for alleged violations.

Check out this government page for more information: https://www.canada.ca/en/innovation-science-economic-development/news/2017/06/government_of_canadasuspendslawsuitprovisioninanti-spamlegislati.html

The government will be reviewing this, but the rest of CASL is still moving forward July 1.

 

Hand holding mobile smart phone with email icon on the screen. Office buildings background

Quick Refresher: CASL covers Commercial Electronic Messages (CEM) sent from, or to, computers and electronic devices in Canada.  What is a CEM, you ask? Pretty much any communication in electronic format including emails, texts and some social media communications.  CEM also includes anything sent to an electronic address, and more or less anything that includes a promotion or advertisement.

So what is changing? As of July 1, 2017, the three year transition period is over. Here are two things that you need to know:

  1. Implied consent is over as of July 1.  This means you either need expressed consent or consent under a business relationship to continue using a CEM.
  2. Enforcement is expected to become more rigorous

Long story short, CASL regulations are getting stricter, and you need to make sure that you are not violating them when sending electronic promotional materials or you could be financially liable. Again, this is not legal advice, this is simply meant to alert you to changes coming to the CASL legislation.  Please make sure to do your due diligence.  Here are some links that you might find helpful:

http://www.fightspam.gc.ca

https://www.dlapiper.com/en/canada/insights/publications/2017/03/casl-changes-in-effect-july-2017/

http://davidyounglaw.ca/compliance-bulletins/countdown-july-1-2017-casl-transition-period-ending/

This is a brief overview and is not intended to be legal advice.

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