CASL

News & Analysis as of

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device...more

CASL 2.0: The Computer Program Provisions (Part 3)

The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada’s Anti-Spam Law (CASL). Software vendors should review the CASL Requirements for Installing Computer Programs for...more

CRTC Provides Guidance on CASL Software Provisions – But Some Uncertainty Remains

From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada’s anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their...more

Inconsistency in Canada’s Anti-Spam Law – When is “Java Scripts” not “JavaScript”?

Canada’s anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have...more

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

Canada’s Anti-Spam Law (CASL) targets more than just email and text messages - CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system...more

CASL – New Guidance on the Installation of Computer Programs

The Canadian Radio-television Telecommunications Commission (CRTC) has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs. The installation of...more

Why Canada’s Anti-Spam Legislation (CASL) Matters to Businesses in the U.S.

Benjamin Franklin lived long before electronic messaging, but his advice about preventions and cures now rings especially true for U.S. businesses marketing in Canada. Canada’s new anti-spam legislation regulates businesses...more

Enterprise Compliance with the CASL Software Provisions – Six Questions for Large Organizations

The electronic communications provisions of Canada’s Anti-Spam Law (CASL) came into force on July 1, 2014. CASL is generally known for its sweeping regulation of “commercial electronic messaging.” However, in addition to the...more

Conquering Spamalot: Canada’s New Anti-Spam Legislation

Canada’s Anti-Spam Legislation (CASL), considered the most restrictive in the world, became effective on July 1, 2014. The law, which applies to American businesses, requires businesses to obtain consent before sending...more

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at “enhanced disclosure” requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who...more

CASL 2.0: The Computer Program Provisions (Part 1)

It’s mid-October. Like many businesses in Canada, you may be weary of hearing about CASL compliance. Hopefully that weariness is due to all the hard work you did 3 months ago to bring your organization into compliance for the...more

CRTC Concludes First Enforcement Under Canada’s New Anti-Spam Legislation

On October 7, 2014, the Canadian Radio-television and Telecommunications Commission (CRTC) announced the conclusion of its first investigation and enforcement action under Canada’s Anti-Spam Legislation (CASL) since coming...more

How to Ensure You Are CASL Compliant

On July 1, 2014, the Canada Anti-Spam Legislation of 2014 (“CASL”) came into effect. If you are sending marketing emails or other electronic messages to people in Canada, you need to be aware of the new rules to avoid...more

Canada’s Anti-Spam Legislation (CASL) Now in Effect

The purpose of this Client Advisory is to address the risks associated with sending commercial electronic messages without complying with the provisions of the Canada Anti-Spam Legislation of 2014 (the "CASL"), which was...more

Canada’s Anti-Spam Legislation (CASL) Will Impact U.S. Companies

?????Canada’s Fighting Internet and Wireless Spam Bill, better known as Canada’s Anti-Spam Legislation (CASL), was enacted in December 2010, but enforcement of the law did not commence until July 1, 2014, on Canada Day. The...more

Storming the CASL - Your email to Canada may now be against the law

Canada’s Anti-Spam Legislation (CASL) took effect July 1, 2014. CASL prohibits sending commercial electronic messages (CEMs) such as email, to parties in Canada without consent. If you don’t have consent or fall under one of...more

Your Electronic Communications to Canada May Now Be Illegal

Canada’s Anti-Spam Legislation (CASL) took effect July 1. The act bans commercial electronic messages (CEMs) sent to parties in Canada without consent and the installation of certain functions on computers in Canada without...more

Are You Ready For the Canadian Spam Legislation?

The majority of the Canadian Spam Legislation (CASL) comes into force today—July 1, 2014. This includes Section 6, which relates to the sending of commercial electronic messages (CEMs). Starting today, businesses must obtain...more

Privacy Tuesday - July 2014

There are quite a few privacy-related things taking effect July 1. Some reminders: Florida Amendments to Data Breach Notification Law - The Florida Information Protection Act of 2014 (“FIPA”) takes effect...more

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

Franchise & Distribution News - June 2014

In This Issue: - NEW FRANCHISE LEGISLATION IN CANADA: British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation when the British...more

Canada’s Anti-Spam Law – not just for Canadians

Canada’s Anti-Spam Law (CASL) enters into force on Canada Day, July 1. It was passed in 2010 as a “made-in-Canada” solution to “drive spammers out of Canada“. Are you outside Canada? It’s important to know that this...more

Canada Targets Commercial Email; Crackdown Perilous to US Companies

After years of enduring a reputation as a haven for spammers, Canada has enacted one of the toughest anti-spam laws in the world. Canada’s Anti-Spam Law (“CASL”), which goes into effect on July 1, 2014, strictly regulates...more

An American Attorney in Canada (Part 2: Anti-Spam)

If you are an American attorney with US clients doing business in Canada, then you should be aware of a few things, like our lack of imaginative legislative acronyms, such as the CAN-SPAM Act (from Controlling the Assault of...more

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