Canadian CASL Law
The Act appliers to the sending of commercial electronic message (CEM)
CEM include emails, instant messages, SMS, text, sound and images
Canada’s Anti-Spam Law (CASL)
CASL will come into force in three stages:
- July 1, 2014: the anti-spam provisions come into force and the three year transitional period begins
- January 15, 2015: the consent and notice rules for installation of computer programs come into force and the three year transitional period for computer programs begins
- July 1, 2017: the private right of action comes into force, the transitional period for commercial electronic messages ends and the three year mandatory review for CASL will be triggered
Although the steps each organization must take to update their electronic databases to manage consents and unsubscribe requests will differ, to prepare for CASL you should:
- Determine if you are sending CEMs
- Identify the channels through which you send CEMs
- Assess if you have implied or express consent to send CEMs or if an exemption applies
- Develop a plan to obtain any required consents
- Make sure your CEMs contain the content required by CASL
- Determine how CASL may affect your policies, processes, customer relationship management (CRM) and other IT systems, and staff training and awareness programs
- Revise your policies, processes and systems as required
•Keep an audit trail, since CASL contains a “due diligence” defense
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