As of July 1, 2014, Canada’s Anti-Spam Legislation (“CASL”) comes into force and it doesn’t only apply to “spam” as we know it. Unless you fall into one of the numerous exemptions, CASL broadly prohibits the sending of any electronic message by an organization or its employees that encourages participation in a commercial activity, whether or not there is an expectation of profit. This casts a wide net and captures any means of telecommunication, including emails, text messages, phone calls, instant messaging and social media.
Ignoring CASL is not a viable option – breaches of CASL can carry severe penalties, up to $1 million per occurrence for individual offenders and up to $10 million dollars per occurrence for corporations. Directors or officers may be personally liable for their company’s violations. Also, as of July 2017, private rights of action for damages will also become available.
If you have further questions or need any assistance with meeting your organization’s compliance responsibilities under Canada’s Anti-Spam Legislation, please feel free to contact us at 905-205-0496.