On November 5, 2018, the CRTC published its Compliance and Enforcement Information Bulletin CRTC 2018-415 (Bulletin), which is a guideline regarding the prohibition against facilitating spam under Canada’s Anti-Spam Law (CASL). Section 9 of CASL imposes prohibitions and penalties for activities that facilitate the contravention of the anti-spam provisions in sections 6-8. The non-facilitation prohibition…
Tag: CASL
First CASL Decision Invites Long-Desired Feeling of Normality
Canada’s Anti-Spam Legislation is relatively new, onerous and far from elegant. Organizations have been weighing the risks the best they can – and in doing so have puzzled over how to account for CASL’s provision for penalties of up to $10 million. On October 26th, the CRTC issued a decision in which it held that a company…
Hicks Morley Quoted by the National Post
The National Post referred to Hicks Morley’s warning to employers about Canada’s Anti-Spam Legislation in a January 5, 2015 online article entitled “Anti-spam legislation could impact employers’ BYOD policies“. The article addresses the coming into force of section 8 of “CASL” on January 15, 2015 and the potential impact of section 8 on “bring your…
New CASL Provision May Have Impact On Bring Your Own Device Policies
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…
CASL Regulations Amended
On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force. The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…
Canada’s Anti-Spam Legislation to Come into Force on July 1, 2014
On December 4, 2013, the Department of Industry published the final version of the Electronic Commerce Protection Regulations (the “Industry Canada Regulations”) under Canada’s Anti-Spam Legislation (“CASL”) – the last step in the long process of putting a comprehensive regulatory scheme into place. At the same time, the government announced that much of CASL would…
Federal Government Releases Final Anti-Spam (CASL) Regulations
On December 4, 2013, the federal government published final Electronic Commerce Protection Regulations (“final ECP Regulations”) under Canada’s Anti-spam Legislation (“CASL”). As previously reported, CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). Earlier proposed regulations under CASL had been released for consultation in July, 2011, and again on January 5, 2013 with…
Paul Broad Quoted in Lexpert Magazine
In the October 2013 edition of Lexpert Magazine, an article entitled “The Exponential Growth of Privacy Law” discussed privacy law as a growing legal practice that permeates nearly every business decision, and transcends nearly every industry. In the article, Paul Broad commented on CASL [Canada’s new anti-spam and anti-malware law], “CASL will cover all sorts…
Preparing for Canada’s New Anti-Spam Legislation
Canada’s new anti-spam legislation is coming soon. Commonly referred to as “CASL”, the new legislation will impose strict obligations that apply to a range of business emails and other electronic communications that you might not consider to be “spam”. All businesses, even those without formal email marketing programs, should assess their potential exposure to CASL…
Proposed Anti-spam Regulations Published
On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…