On March 5, 2015, the CRTC issued a Notice of Violation against a Quebec - based corporate training company (the «company») for four violations of CASL's commercial
electronic messaging provisions.
In the case of a breach of the commercial
electronic message provisions, the liability was to be $ 200 for each breach not exceeding $ 1,000,000 for each day on which the breach occurred.
Not exact matches
Following the example of the UN Model Law on
Electronic Commerce, the UN E-Communications Convention [PDF] contains a provision on when electronic messages are
Electronic Commerce, the UN E-Communications Convention [PDF] contains a
provision on when
electronic messages are
electronic messages are received.
«There are exceptions, but the anti-spam
provisions are for commercial
messages that are sent to
electronic addresses.
Responding to the committee's findings, the government said it will clarify certain definitions and
provisions in the act, including what qualifies as a commercial
electronic message, whether business - to - business
messaging fit this definition, the definition of «
electronic address,» the
provisions regarding implied consent and express consent and the act's application to charities and non-profits.
Goal is to clarify certain definitions and
provisions in the act, including what qualifies as a commercial
electronic message and
provisions regarding implied consent and express consent.
CASL first came on the scene with anti-spam
provisions in July 2014, with a three year transitional period planned for commercial
electronic messages.
Some of the recommendations include clarifying the definition of «commercial
electronic message,» to «clarify the
provision pertaining to «implied consent»,» and to «increase efforts to educate Canadians «especially small businesses,» about the requirements of the Act.»
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.
CASL's
provisions relating to the sending of commercial
electronic messages came into force on July 1, 2014.
The federal Crown, supported by the Ontario Ministry of the Attorney General as an intervener, argued there was no need to obtain an «intercept» warrant under the more rigorous Part VI
provisions of the Criminal Code, in part because Telus routinely stores
electronic copies of all text
messages sent by its customers on a database for 30 days.
Additionally, persons that have been the subject of violations of the collection of
electronic addresses or accessing a computer system to collect personal information (i.e., email harvesting and use)
provisions in s. 7.1 (2) and (3) of PIPEDA in contravention of s. 5 (PIPEDA violations) or has suffered conduct that is reviewable under s. 74.011 of the Competition Act, i.e., been the recipient of false or misleading
electronic messages (Competition Act violations), can also apply to a court for justice.
Essentially, any
electronic message with any kind of commercial purpose is caught, subject to a myriad of complex
provisions setting out exceptions, and consent requirements.
(i) for contraventions of s. 6 of CASL (unsolicited
electronic messages), $ 200 for each contravention of that
provision, not exceeding $ 1,000,000 for each day on which a contravention occurred;