Does your business, corporation, or non-profit organization
use commercial electronic messages to communicate with customers, prospective customers, or others in a commercial context?
CASL generally prohibits the sending of
commercial electronic messages without the recipient's consent, including email messages, text messages and personal electronic messages sent to social networking accounts.
This decision against Blackstone Learning Corp. is significant because it contains important compliance lessons about regulation of
commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.
Because business relationships that have been active in the past two years are exempt from requiring the opt - in consent to continue
with commercial electronic messaging, all relationships should be scrutinized to determine which will need to be renewed under the new CASL requirements.
Canada's anti-spam law (commonly known as «CASL») creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties designed to prohibit unsolicited or
misleading commercial electronic messages, the unauthorized commercial installation and use of computer programs on another person's computer system and other forms of online fraud.
By checking this box, you consent to
receive commercial electronic messages from Sierra Wireless Inc. such as newsletters, event invitations, promotional and educational content, product update, transaction - related emails, and customer service emails in accordance with our privacy policy.
CASL was intended to protect people from receiving unsolicited
commercial electronic messages via email, social networking accounts and text messages, as well as to combat false representations of products and services promoted online.
The purposes of this article is to briefly summarize the new rules
for commercial electronic messages sent to Canadians, and then examine the differences between the U.S. laws and the new Canadian law.
In a statement, Manon Bombardier, chief compliance and enforcement officer with the CRTC said Compu - Finder ``... flagrantly violated the basic principles of the law by continuing to send unsolicited
commercial electronic messages after the law came into force to e-mail addresses it found by scouring web sites.
Non-AAJ Members or Associates who have provided us a Canadian mailing address will not receive
unauthorized Commercial Electronic Messages (CEMs as defined under CASL) unless these individuals have opted - in to receive CEMs.
AND WHEREAS the CCEO has advised RMI that Commission Staff is of the view that express consent is required to send
commercial electronic messages on behalf of unknown third parties.
The third aspect of CASL - compliant unsubscribe functions is that companies must honor a request to unsubscribe from receiving
future commercial electronic messages within 10 business days of notification.
The Act further deems implied consent if the recipient has disclosed their email to the sender (s. 6 (9)-RRB- «without indicating a wish not to receive unsolicited
commercial electronic messages at the electronic address», and if «the message is relevant to the person's business, role, functions or duties in a business or official capacity» (s. 6 (9)(c)-RRB-.
CASL creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties (including personal liability for employers, corporate directors and officers) designed to prohibit unsolicited or
misleading commercial electronic messages («CEMs»), the unauthorized commercial installation and use of computer programs on another person's computer system and other forms of online fraud (such as identity theft and phishing).
A person's consent to receiving
commercial electronic messages from another person is implied until the person gives notification that they no longer consent to receiving such messages from that other person or until three years after the day on which section 6 comes into force, whichever is earlier, if, when that section comes into force,
This presentation will cover keys to CASL compliance including: scope of the anti-spam provisions and regulations; exceptions to the anti-spam provisions; understanding expressed and implied consent; required form
for commercial electronic messages; potential liability for non-compliance; and creating a CASL compliance checklist.
Despite the CRTC's efforts, Compu - Finder flagrantly violated the basic principles of the law by continuing to send unsolicited
commercial electronic messages after the law came into force to email addresses it found by scouring websites.
Non-ABA Members or Associates who have provided us a Canadian mailing address will not receive
unauthorized Commercial Electronic Messages (CEMs as defined under CASL) unless these individuals have opted - in to receive CEMs.
More specifically, Commission start is of the view that implied consent can not be relied upon to send
commercial electronic messages on behalf of unknown third parties, without obtaining prior specific express consent in accordance with the Act, Regulations and Regulations (CRTC);
As an earlier REM article pointed out, the intent of CASL (effective July 1, 2014), is to stop hackers and spammers from preying on customers
using commercial electronic messages (CEM).
When it does — likely January 2013 — it will contain some of the toughest anti-spam provisions in the world, banning senders from delivering
unsolicited commercial electronic messages without receiving express or implied consent from the recipient.
«The definition
of commercial electronic message is very broad and rather than making it clear that its messages are promotional or marketing in nature, the statute is drafted in a way that may capture messages that are more information - oriented but have tangential marketing benefits.
The CRTC has levied its first penalty under Canada's Anti-spam Law (CASL): a whopping $ 1.1 million against Compu - Finder for
sending commercial electronic messages without consent and for not meeting the unsubscribe requirements under the law.