News & Analysis as of

Commercial Electronic Messages

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Canada’s Embattled Anti-Spam Law Marks End of Grace Period Despite Uncertain Future

by Baker Donelson on

On July 1, 2017, an important grace period terminated for Canada’s Anti-Spam Law (CASL), which initially took effect on July 1, 2014. The beginning of this month marked the end of the two-year grace period for entities to...more

Personal Liability Under Canada's Anti-Spam Law

by Bennett Jones LLP on

Under Canada's Anti-Spam Law (CASL) not only may a corporation that fails to comply be liable to pay a monetary penalty but personal liability may also arise. Section 31 provides that "An officer, director, agent or mandatary...more

When CASL Consents Expire

I’ve been getting a lot of emails from law firms and other professional services firms warning me that if I do not confirm my subscription to their newsletters, they will stop sending them to me. These firms have...more

Get ready for changes to Canada’s anti-spam law

July 1, 2017, is not just Canada’s 150th birthday. It is also the day when important changes to Canada’s anti-spam law (“CASL”) come into force. CASL gets much tougher on July 1, 2017, the 150th anniversary of Confederation....more

Canada’s Anti-Spam Legislation (Casl): Compliance Checklist For Business Transactions

DUE DILIGENCE PHASE - Does the Target send commercial electronic messages (CEMs) from Canada and/or to recipients in Canada? CEMs include any email, text message or other direct electronic message that wholly or partly...more

Canadian Government Suspends Private Right of Action Under Anti-Spam Law

by Foley & Lardner LLP on

In an order dated June 2, 2017, the Canadian government indefinitely suspended a key provision in Canada’s anti-spam legislation (CASL), which was set to take effect on July 1, 2017. While CASL initially came into force in...more

Federal government backs off on private right of action under Canada's Anti-Spam Law (CASL)

by DLA Piper on

Our previous alert about important changes to Canada's Anti-Spam Law (CASL) outlined two developments that were to come into force on July 1, 2017...more

Relief as Private Right of Action Suspended Under Canada's Anti-Spam Law (CASL)

by Bennett Jones LLP on

By way of an Order in Council dated June 2, 2017, the government of Canada has indefinitely delayed the coming into force of the private right of action under Canada's Anti-Spam Law (CASL)....more

Happy Canada Day for Businesses: CASL’s Private Right of Action Suspended

Businesses obtain welcome relief from the imminent threat of private lawsuits under Canada’s Anti-Spam Legislation (CASL) as the private right of action, originally scheduled to come into force on July 1, 2017, has been...more

Email Marketing In Canada (CASL): A How-To Guide

by Bryan Cave on

On July 1, 2014, the central provisions of the Canadian Anti-Spam Law (“CASL”) came into force. These provisions generally prohibit the sending of a Commercial Electronic Message (“CEM”) without a recipient’s express consent,...more

Court Interprets Canada's Anti-Spam Law

by Bennett Jones LLP on

There are few businesses who would disagree that Canada's Anti-Spam Law (CASL) is complex and can be confusing. Core prohibitions are extremely broad but equally are exclusions that were put in place by Industry Canada to...more

Not just any Canada Day – Important CASL changes in effect on July 1, 2017

by DLA Piper on

Canada’s anti-spam law (CASL) came into effect on July 1, 2014. Almost three years later, Canadian businesses and their lawyers are still grappling with CASL compliance issues and trying to understand how CASL’s broad and...more

NY Court of Appeals Clarifies What May Constitute a Binding Agreement in the Sale of Syndicated Loans

A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is...more

Private Right of Action under CASL coming July 2017

by Dentons on

Canada’s Anti-Spam Law came into force on July 1, 2014. Since then, all eyes have been on the Canadian Radio-television and Telecommunications Commission (CRTC) for decisions concerning CASL violations. In the cases made...more

CRTC Issues First Compliance and Enforcement Decision on Canada’s Anti-Spam Legislation

by Morgan Lewis on

Over two years after the enactment of Canada’s anti-spam legislation, the Canadian Radio-Television and Telecommunications Commission (CRTC) has issued its first decision on the law, with a particular focus on the consent...more

Dear CASL: When Can I Rely on “Implied Consent”?

by Field Law on

Canada’s Anti-Spam Legislation (CASL) is overly complex and notoriously difficult to interpret – heck, even lawyers start to see double when they read the official title of the law (An Act to promote the efficiency and...more

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

by Bennett Jones LLP on

The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016, in which it found that Blackstone Learning Corp. committed nine violations of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation...more

Guidelines for Email Marketing In Canada (CASL)

by Bryan Cave on

On July 1, 2014, the central provisions of the Canadian Anti-Spam Law (“CASL”) came into force. These provisions generally prohibit the sending of a Commercial Electronic Message (“CEM”) without a recipient’s express consent,...more

CRTC Enforcement Advisory: Remember, You Must Have Records To Prove Consent

by Dentons on

The Canadian Radio-television and Telecommunications Commission (CRTC) issued an enforcement advisory to both businesses and individuals that send commercial electronic messages (CEMs) to keep records of consent. The CRTC...more

CASL Enforcement (Part 1)

by Field Law on

Since July 1, 2014, Canada’s Anti-Spam Law (or CASL) has been in effect, and the software-related rules have been in force since January 15, 2015. With the benefit of hindsight, we can see a few patterns emerge from the...more

Canadian Anti-Spam Enforcement 2015: A Year in Review

by Bennett Jones LLP on

Over the last year, the Canadian Radio-television and Telecommunications Commission (CRTC) has been active in its enforcement actions under Canada’s Anti-Spam Legislation (CASL). As shown by the following summary of...more

Legal Trends: Anti-Spam

As expected, since Canada’s Anti-Spam Legislation (CASL) came into force, the Canadian Radio-television and Telecommunications Commission (CRTC) has been actively enforcing CASL’s anti-spam provisions. In 2015, the CRTC...more

Anti-Spam Enforcement Reaches International Malware Target

by Bennett Jones LLP on

The Canadian Radio-television and Telecommunications Commission (CRTC) is one of the key enforcement authorities in respect of Canada’s anti-spam law (CASL). CASL is broader than mere regulation of commercial electronic...more

Communications Compliance: Are Messaging Applications Leaving Your Organization Vulnerable to HIPAA Liability?

Messaging applications are popular tools to facilitate communication and workflow in healthcare settings—increasingly so as smart phones, tablets and other mobile mediums continue to penetrate the market. Organizations...more

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