Canada’s Anti-Spam Legislation

Canada’s Anti-Spam Legislation

On July 1, Canadian Anti-Spam Law (“CASL”) and its corresponding regulations went into effect. The law applies to all individuals and marketers that use electronic channels to promote or market their organizations, products or services to or from Canada. It is considered to be the most rigorous anti-spam legislation in the world, and carries hefty penalties for non-compliance. In fact, the law refers to far more than spam because it is concerned with any message that has a commercial purpose, and more. CASL regulates commercial electronic messages (“CEMs”) including instant messaging, SMS and the download and installation of computer software, as well as email marketing and pre-recorded voice messaging. The legislation requires all individuals, for-profit companies and non-profit organizations to obtain prior express consent, or have prior implied consent, from recipients before sending any CEMs.

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