Friday, March 21, 2014

Coming soon: Canada's Anti-Spam Legislation

The Canada's Anti-Spam Legislation (CASL) is coming into force on July 1, 2014. The law prohibits the sending of "commercial electronic messages" or CEMs without consent from the recipient, and is applicable to almost all entities engaging in this type of practice, including schools. Messages with a primary purpose of raising fund for a charity is exempted.

According to CASL, a message is commercial if "it is of a commercial character, whether or not the person who carries it out does so in the expectation of profit", and is electronic if "it is sent by any means of telecommunication, including a text, sound, voice or image message". 

Further, although implied consent can be relied upon, it is only available in very limited scenarios, such as an existing business relationship. 

Click here to see the original post. BLG also has a blog post on implied consent in CASL. 


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