July 1, 2014.
The Canadian Anti-Spam Law (CASL) went into effect July 1, 2014. If you’re in Canada or send a Commercial Electronic Message (CEM) to Canadian residents, you need to comply with CASL.
What is the main purpose of CASL?
Canada’s anti-spam legislation (CASL) is the federal law dealing with spam and other electronic threats. It is meant to protect Canadians while ensuring that businesses can continue to compete in the global marketplace.
What is the difference between CASL and CAN-SPAM?
[4] Unlike CASL which applies to “commercial electronic messages” (or “CEMs”), which are defined as “any means of telecommunication, including a text, sound, voice or image message,” CAN-SPAM applies to “commercial electronic mail messages,” i.e., email only.
What are the three key requirements of CASL?
There are three general requirements for sending a commercial electronic message (CEM) to an electronic address: (1) obtain consent, (2) provide identification information, and (3) provide an unsubscribe mechanism. There are two types of consent under CASL – express and implied.
Has anyone been fined CASL?
Payments and Penalties Under CASL
Since CASL came into force in 2014, enforcement efforts have resulted in more than $1.9 million payable. Of this amount, approximately $1.1 million is from administrative monetary penalties Footnote 1 and $868,000 from negotiated undertakings.
What happens if you break CASL?
CASL provides a due diligence defence. CASL violations can result in regulatory penalties of up to $10 million per violation for an organization and $1 million per violation for an individual. CASL includes a private right of action that is not in force.
What is not covered under CASL?
CASL does not apply to owners or authorized users installing software on their own computer systems (e.g., personal devices such as computers, mobile devices or tablets). CASL only applies when you install or cause the installation of software on another person’s device in the course of commercial activity.
Is cold email legal in Canada?
Cold emailing is legal — as long as your cold outreach strategy complies with relevant national and state laws. To avoid breaching most anti-spam laws, you have to determine your target audience, obtain their contact information in a legally compliant way, provide them with an easy opt-out, and more.
Is sending unsolicited emails illegal in Canada?
In order to send CEMs legally, the sender must first obtain consent from the recipient. Consent can be obtained directly, called express consent, through an opt-in; or indirectly, through implied consent.
What are the two kinds of consent included in CASL?
There are two forms of consent you can rely on to send CEMs: express or implied consent. The following guidelines provide direction and clarification on whether you can rely on implied consent to send CEMs.
Can a company email me without my consent?
So to reiterate: It is legal in the U.S. to send an unsolicited commercial email. You do, however, have to comply with certain rules when sending those unsolicited emails, and if you don’t, the penalties can be very serious.
Who does CASL apply to?
The application of CASL ‘s software provisions does not stop at Canada’s borders. Section 8 applies to anyone who installs software in Canada, and to persons inside Canada who install software on computer systems outside of Canada.
Who is responsible for enforcing CASL?
Three partners enforce CASL’s obligations: the CRTC, the Office of the Privacy Commissioner of Canada (OPC) and the Competition Bureau.
Can the government read your emails Canada?
TORONTO – Canada’s electronic spy agency collects and stores millions of emails sent to the government to check for malware and suspicious links, according to documents obtained by NSA whistleblower Edward Snowden. But experts are concerned about the scope of the surveillance.
How long does CASL consent last?
Generally speaking, implied consent lasts for two years, providing an opportunity for organizations to change an implied consent to an express consent.
What are the penalties if my firm does not comply with CASL?
Penalties for non-compliance with CASL are significant. Businesses can be fined up to $10,000,000. Director and officers are liable if they participate in or acquiesce to violations. Your business can avoid these risks by becoming CASL compliant.
Does CASL apply to push notifications?
Under CASL, individuals and businesses are required to obtain consent from recipients before sending them commercial electronic messages (CEMs). CEMs include promotional emails, SMS messages, and push notifications. Senders must be able to provide proof of this consent.
What does CASL protect Canadians from?
Canada’s anti-spam legislation (CASL) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. It also aims to help businesses stay competitive in a global, digital marketplace.
How long does the CASL test take?
The CASL is intended to be administered to individuals between the ages of 3 and 21 years. Students provide verbal responses or respond to items by pointing; no student reading or writing is required. Testing time typically ranges from 15 to 60 minutes.
What are the penalties for CASL does it only apply to businesses?
The penalties under CASL can be quite severe. They include: Administrative Monetary Penalties (AMPs) consisting of fines of up to $1million for individuals and up to $10 million for corporations per violation.
Is an email address personal information in Canada?
Personal information is defined as information about an identifiable individual such as name and email address.