Canadian Anti-Spam Act
All employees who send commercial electronic messages, including those whose job responsibilities include marketing, promotion, sales, or customer interaction
On July 1, 2014 Canada’s anti-spam legislation (CASL) came into effect. If your business or organization uses electronic channels to promote or market itself, its products or services, CASL may affect how you do business. Three government agencies are responsible for enforcing CASL, but the primary enforcement responsibility belongs to the Canadian Radio-television and Telecommunications Commission (CRTC). The CRTC investigates activities that may be in violation of CASL, and if violations are found the CRTC can set administrative monetary penalties for the violation. This course focuses on the provisions of CASL that apply to businesses and organizations and the employees who participate in the commercial activities CASL is designed to regulate.
This course was developed with subject matter support provided by Borden Ladner Gervais LLP. Please note, however, that the course materials and content are for informational purposes only and do not constitute legal advice, a complete statement of the law or an opinion on any subject and may or may not reflect the most current legal developments. No one should act upon the course materials and content or refrain from acting without a thorough examination of the law after the facts of a specific situation are considered. Nothing herein, or in the course materials, shall be construed as professional advice as to any particular situation or constitute a legal opinion with respect to compliance with legal statutes or statutory instruments. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking independent legal advice.
Creating Compliant Electronic Messages
- define key terms related to Canada’s anti-spam legislation (CASL)
- determine if you have implied consent to send a CEM
- recognize acceptable mechanisms for obtaining express consent to send CEMs and install software
- recognize whether your CEM is compliant, given you’ve obtained proper consent
- recognize what identification information needs to be contained in the CEMs you create
- recognize how to make sure the unsubscribe mechanism you provide is acceptable under CASL