Changes to Canada's Anti-Spam Legislation coming July 1
Changes to Canada’s Anti-Spam Legislation (CASL) take effect on July 1 and deal with two aspects of the law that came into effect July 1, 2014.
End of the “transitional period”:
The transitional period ends on July 1 for the “existing business relationship” exception and you should make sure your email lists only include those with whom you have had business relationships within the past two years and not the past three years (as was the case during the transitional period), if you are relying on implied consent. Where possible, express consent should be requested.
Right of private action:
The private right of action was supposed to go “live” as of July 1, allowing private individuals and legal persons to file lawsuits against spammers. However, in a cabinet order dated June 2, Parliament halted this process indefinitely, effectively suspending the private right of action and leaving open only the government right of action. While some have criticized this move to suspend the private right of action as “caving” to business pressure and lobbies, CASL detractors have applauded it, arguing that it mitigates some of the negative effects of CASL for small businesses.
More information is available
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