Canada's Anti Spam Laws:
- Risk of High Penalties
- Due Diligence Defence
- What your staff need to know
- Free resources for further investigation and training
- Associated YouTube video
3. Agenda
Presentation Take-aways
About CASL
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Commercial
Electronic
Messages (âCEMsâ)
What is a CEM?
Which CEMs are
covered by CASL?
CEM Requirements
Content
Consent
4. Introduction
âą CASL: Cheat-sheet for doing business
http://bit.ly/BHasCASL
âą Campbell Froh May & Rice LLP, Articled Student
âą Top-of-class business graduate
âą International Business Case Competitions
âą UBC Law Graduate
âą Masters-level Law Courses at National University
of Singapore
âą ISS of BC Board Member
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
5. Give useful information and
overview re CEMs
âą General concepts
âą Not advice based on your
particular circumstances
Double-check your policies
âą Legal advice
âą CRTC
âą Government
âą Private Sector
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
6. Before
(a) that is sent by an
employee, representative,
consultant or franchisee of an
organization
(i) to another employee,
representative, consultant or
franchisee of the organization
and the message concerns the
activities of the organization, or
(ii) to an employee,
representative, consultant or
franchisee of another
organization if the organizations
have a relationship and the
message concerns the activities
of the organization to which the
message is sent;
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
After
Intra- or Inter-organizational
communications with respect
to ongoing
relationships/projects, etc.
7. Presentation Takeaways
CASL is
complex
and
penalties
may be high
There is a
due
diligence
defense
The Onus is
on you to
prove
compliance
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Seek
express
consent
Seek legal
advice for
creative
strategies
Keep
records
9. Section 33(1)
âA person must not be found
to be liable for a violation
if they establish that they
exercised due diligence to
prevent the commission
of the violation.â
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
10. State of CASL
Up to 140,000
complaints have
been received
âą No fines levied
CFIB Survey: small
business
âą June 25, 2014
âą 38% have taken steps to comply
âą 15% of owners are fully aware of CASLâs
requirements
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
17. CASL An Act to promote the efficiency and adaptability of the Canadian
economy by regulating certain activities that discourage reliance on
electronic means of carrying out commercial activities, and to amend
the Canadian Radio-television and Telecommunications Commission Act,
the Competition Act, the Personal Information Protection and Electronic
Documents Act and the Telecommunications Act
Electronic Commerce Protection Regulation (CRTC)
Electronic Commerce Protection Regulation (Governor in Council)
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
18. CASL Timeline
Dec 15, 2010
-
Royal Assent
July 1, 2014
-
CASL in Effect
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
July 1, 2017
-
CASL Enforcement
Begins
19. Regulatory Impact Analysis Statement
Government of Canada
âThe general purpose of Canada's Anti-spam Legislation
(CASL) is to encourage the growth of electronic
commerce by ensuring confidence and trust in the online
marketplace. To do so, the Act prohibits damaging and
deceptive spam, spyware, malicious code, botnets, and
other related network threats.â
80% of CEMs are Spam
âThe purpose of this Act is to promote the efficiency and
adaptability of the Canadian economy by regulating commercial
conduct that discourages the use of electronic means to carry out
commercial activitiesâŠâ
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
20. Interpretation of CASL
"Today there is only one principle or approach,
namely, the words of an Act are to be read in their
entire context and in their grammatical and
ordinary sense harmoniously with the scheme of
the Act, the object of the Act, and the intention of
Parliament.â
Re Rizzo & Rizzo Shoes Ltd., [1998] 1 S.C.R. 27
âEvery enactment is deemed remedial, and shall be
given such fair, large and liberal construction and
interpretation as best ensures the attainment of its
objects.â
Interpretation Act, RSC 1985, c I-21
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
21. CASL
Private
causes of
action
$1M fines for
individuals
Reputed as Worldâs Toughest
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
$10M fines
for
organizations
22. Prohibited Commercial Activities
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Alteration of Transmission
Data in Electronic
Messages
Installation of Computer
Programs on otherâs
Computers
Sending Messages
24. CEMs â Major Topics
What is a
CEM?
Which CEMs
are covered
by CASL?
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Which are
exempt?
Content
Requirements
of CEMs
Identification
Requirement
Unsubscribe
Consent
Requirements
Express Implied
26. Prohibitions on CEMs
âą âsend or cause or permit to be sentâ
â or âaid, induce, procure or cause to be procuredâ
âą a âcommercial electronic messageâ
âą to âan electronic addressâ
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
27. Who is Liable?
An officer, director, agent or mandatary of a
corporation that commits a violation is liable
for the violation if they directed, authorized,
assented to, acquiesced in or participated in
A person is liable for a violation that is
committed by their employee acting within the
scope of their employmentâŠ
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
28. Electronic Address
âelectronic
addressâ means
an address used
in connection
with the
transmission of
an electronic
message to
(a) an electronic mail account;
(b) an instant messaging account;
(c) a telephone account; or
(d) any similar account.
CASL does not catch communications which the audience
must âpull.â
(eg. websites, blogs, social media posts, etc.)
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
29. Commercial Electronic Message
Commercial Electronic Messages
Purchase
Sell
Ask for
Consent
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Barter
Lease
Invest
Gaming
Promote
Person
sent via
telecommunications
Promote
Product
or Service
despite expectation
of profit
âreasonable to
conclude has as âŠ
one of its purpose,
to encourage
participation in a
commercial
activityâ
30. May be exempt from CASL if CEM is:
solely a request for
information regarding
commercial activity
a family or personal
message
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
a communication with
respect to ventures in
common
(internal or external)
responses to inquiries,
complaints, etc.
pursuant to legal right,
obligation,
enforcement
communication on a
third-party or sender-provided
service
message for
fundraising by a
charity or political
party
first message of
referral
(specify who referred,
and that itâs a referral)
fax, two-way voice
between individuals
31. Foreign States
âą 116 States
âą Including USA, UK, China
âą Excluding Mexico
âą âReasonably believes⊠will be accessedâ
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
33. CASLâs Many Exceptions
Read up on/seek advice
if you plan to rely on
exceptions
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
36. 60 day Validity
Unsubscribe Mechanism
âą Accessible through web browser
âą Accessible by same means message was sent
âą âAble to be readily performedâ
Identification Information
âą Must identify:
âą originator
âą sender
âą Include originatorâs:
âą mailing address
âą phone, email, URL
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
39. The Dark Side of Consent
âMust ensureâ that
unsubscribed âwithout delay,â and
âno later than 10 business days after the
indication has been sentâ
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
41. Exceptions to Consent Requirements
(Content Reqâs Still Apply)
referral (special rules)
reply to request for
quote
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
facilitates previously
agreed-to transaction
incl. delivery of
goods/services
info re warranty, recall,
safety, or security of
product/service
recipient uses, used or
bought
info re ongoing
subscription, loan,
account, or membership
info re existing
employment
relationship
47. Networkers and Salespeople
Rejoice!
âdisclosedâ
âconspicuously
publishedâ
without
statement
prohibiting
CEMs
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
messages
related to
capacity in
that role
48. Up to 2 Years after
post-July 1, 2014
Catalyzing Event
Sender
âą Political Party,
Charity
âą Not-for-profit
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Recipient
âą Donated,
Volunteered
âą End of
Membership
49. Up to 2 Years after
post-July 1, 2014
Catalyzing Event
Bought or
Bartered
for
Leased Goods or Services
Land
Accepted Business
Investment
Gaming Opportunity
Formed
Written
Contract Respond to an inquiry related to any of these
(within 6 months of inquiry)
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
52. âąGym
Originator
âąFood Store
âąSupplements Store
Third
Parties
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
53. The Unknown Third Party
Gym
Unsubscribe
to Gym
Food Store
Unsubscribe to all 3rd Parties
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
57. Existing Business and non-Business Relationships
Personal Relationships
Cold-callers
Networkers
Customers
Explicit Consent
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
58. Presentation Takeaways
CASL is
complex
and
penalties
may be high
There is a
due
diligence
defense
The Onus is
on you to
prove
compliance
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com
Seek
express
consent
Seek legal
advice for
creative
strategies
Keep
records
59. Resources
âą CRTCâs CASL Website: www.crtc.gc.ca/antispam
âą CRTC Articles:
â Guidelines to help businesses develop corporate
compliance programs: Information Bulletin CRTC
2014-326
â Guidelines on the use of toggling as a means of
obtaining express consent under Canadaâs anti-spam
legislation: Information Bulletin CRTC 2012-549
â Guidelines on the interpretation of the Electronic
Commerce Protection Regulations: Information
Bulletin CRTC 2012-548
âą My article: http://bit.ly/BHasCASL
+1 (604) 273-8481 | contact@cfmrlaw.com| www.richmondbclawyers.com