New CASL Provision May Have Impact On Bring Your Own Device Policies
Date: January 5, 2015
Employers should be aware that a provision of Canada’s Anti-Spam Legislation (“CASL”) is coming into force on January 15, 2015 which may have an impact on employers’ bring your own devices (“BYOD”) policies.
Section 8 of CASL prohibits a person from installing or “causing to be installed”, in the course of commercial activity, a computer program on any other person’s computer system without express consent.
While there may be theories for asserting that CASL does not apply, given the significant penalties associated with non-compliance, employers who install software on employee personal devices in the course of administering BYOD policies should turn their minds to compliance.
For more information on this provision of CASL, please contact any member of Hicks Morley’s Information and Privacy Practice Group.
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