Complying with Canada's Anti-Spam Legislation

The first stage of Canada’s Anti-Spam Legislation (CASL) comes into force effective July 1, 2014. Despite its name, CASL is not limited to what we might normally consider to be spam or junk e-mail. Rather, the law is broad enough to cover any commercial electronic message or CEM.

CASL presents businesses that use CEMs with new compliance challenges. The law (including its associated regulations) is detailed and complex.

At the same time, CASL raises questions and creates uncertainties because it has not yet been tested by administrative enforcement or judicial interpretation.

The Consequences of Non-Compliance

Why is compliance with CASL so important? In addition to the reputational consequences, the financial consequences of a violation are severe and can include:

  • Up to $10 million in fines for each violation by a corporation;
  • Personal liability for individual officers and directors;
  • Vicarious liability for companies for the non-compliant acts of their employees; and
  • After July 1, 2017, possible civil actions.

With the CASL provisions governing CEMs coming into force, it is critical that you be aware of the law’s requirements and take the steps necessary to ensure that you and your business are prepared.

Our CASL Resources

To help you understand the implications and application of CASL, Davies has prepared the following resources:

Davies Can Help You Prepare

Davies has been working with clients across all sectors to help them prepare for CASL. Our CASL lawyers can help you:

  • Understand how the law applies and its implications for your business;
  • Design and implement a CASL compliance strategy to protect your organization and to train your personnel.

For more information or assistance, please contact a member of Davies’ CASL team.

The information and comments herein are for the general information of the reader and are not intended as advice or opinions to be relied upon in relation to any particular circumstance. For particular applications of the law to specific situations, the reader should seek professional advice.