The Canadian Anti Spam Legislation or CASL for Short

The Canadian Anti Spam Legislation or CASL for Short

Four Things You Need To Know about CASL

Effective Dates

The Anti –Spam Legislation Takes effect July 1st 2014 followed by January 15, 2015 – Unsolicited Installation of Programs and finally, July, 2017 – Private Action (Fines from 1 (Individual) to 10MLN Business)

ONE – Under CASL, businesses must:

  • Obtain opt-in / express consent before sending an electronic message or rely on limited implied consent exceptions
  • Identify the sender and include an unsubscribe mechanism
  • Enable opt out from some or all commercial electronic messages within 10 business days

More Details:
http://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html#h-6

TWO – The EXPRESS CONSENT

  • State the Purpose for which the consent is being sought
  • Identify the person or the person on whose behalf the consent is being sought

THREE – The IMPLIED CONSENT

  • EXISTING BUSINESS – a person’s consent is implied, until the person gives notification that they no longer consent to receiving electronic messages
  • A message is sent to a published address, not accompanied by a statement prohibiting sending electronic messages and is relevant to the person’s role or business, i.e. reply to a contact on one’s Business Card.

More Details:
http://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-3.html#docCont

FOUR – IT DOES NOT APPLY TO

  • When providing a quote or electronic confirmation of a transaction when the transaction was requested
  • Provides warranty information, safety recalls, provides information to employment, benefits, etc.
More Details of the Law

Source: Government of Canada
When the new law is in force, it will generally prohibit the:

  • sending of commercial electronic messages without the recipient’s consent (permission), including messages to email addresses and social networking accounts, and text messages sent to a cell phone;
  • alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent;
  • installation of computer programs without the express consent of the owner of the computer system or its agent, such as an authorized employee;
  • use of false or misleading representations online in the promotion of products or services;
  • collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada);
  • collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).

The CASL LAW – Full Text
http://laws-lois.justice.gc.ca/eng/acts/E-1.6/FullText.html

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