News & Analysis as of

CASL

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....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

CASL’s Private Right of Action Kicks in Saturday

by Baker Donelson on

Canada’s Anti-Spam Law (CASL) went into effect on July 1, 2014, but an important grace period for the law terminates this Saturday, July 1, 2017. That grace period stayed the right of private action under CASL, meaning that...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 Implementation of Private Right of Action Under CASL

by Womble Bond Dickinson on

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more

Private Right of Action Under Canadian Anti-Spam Legislation Suspended Indefinitely

by Davis Wright Tremaine LLP on

On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures,...more

Privacy Alert: Government of Canada Suspends CASL's Private Right of Action Provisions

by Field Law on

By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised...more

Anti-Spam Legislation’s Private Right of Action Suspended

by Smart & Biggar on

In a news release on June 7, the Government announced that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised...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

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

by Womble Bond Dickinson on

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...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

Canada’s Anti-Spam Law: Is Your Business Ready for July 1st, 2017?

by Bennett Jones LLP on

On July 1st, 2017, organizations communicating electronically under Canada's Anti-Spam Law ("CASL" or the "Act") will lose the benefit of the transitional provisions, and will become subject to the coming into force of a...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

Establishing the Due Diligence Defence Under CASL

by Bennett Jones LLP on

Despite being in force for over two years, many of the key provisions of Canada's Anti-Spam Legislation (“CASL” or the “Act”) remain shrouded in uncertainty. One such provision, for example, is the Act’s due diligence...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

CASL made clearer: CRTC releases its first compliance and enforcement decision under Canada’s Commerce Messages Law

by DLA Piper on

The Canadian Radio-Television and Telecommunications Commission (CRTC) has issued its first Compliance and Enforcement Decision for violation of Canada's anti-spam legislation (CASL). Until now, CRTC CASL enforcement...more

Lessons Learned: E-Learning Company Faces $50,000 Spam Fine

by Dentons on

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its first Compliance and Enforcement Decision* under Canada’s Anti-Spam Law (CASL).  The Commission confirmed the staff finding that Blackstone...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

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