With the coming into force of most of the Canadian Anti-Spam Legislation (CASL), although there has been quite a lot of fuss about CASL compliance with respect to preventing unsolicited emails, it is important to remember that spam prevention is that is only one aspect of CASL.
CASL contains three major prohibitions:
- Do not send unsolicited commercial electronic messages (the anti-spam section – s.6);
- Do not redirect or duplicate electronic messages without consent (the anti-phishing section – s.7); and
- Do not install computer programs on someone’s computer without consent (the anti-malware section – s.8).
As is widely reported, the penalties for non-compliance with CASL are stiff - violations can carry an administrative monetary penalty of up to $1,000,000 in the case of an individual and up to $10,000,000 in the case of a business, with vicarious liability for officers and directors.
Call us to help you and your organisation comply with CASL. Compliance is unfortunately not straightforward, but we have helped many clients navigate those murky waters.