Opt-in not an option: How to comply with the new anti-spam law

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Canada’s new anti-spam law (the CASL) is expected to come into force later this year. This Act is designed to create a safer online environment for individuals and businesses in Canada.

From a business perspective, it will change how some routine daily activities – such as distributing commercial electronic messages (CEM) to customers – are executed.

Currently, a majority of businesses rely on implied consent when they send CEM to customers. If the customer doesn’t opt out then consent is considered to be implied.

CASL will mark Canada’s movement from an opt-out to an opt-in system for the receipt of CEM, requiring express consent from the recipient. While specific exceptions and transitional provisions will provide time to adapt, it is never too early to prepare for the new regime.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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