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News and discussion on implementing risk management

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anti-spam legislation

Proving consent under CASL: CRTC issues enforcement advisory notice

The Canadian Radio–television and Telecommunications Commission has issued an Enforcement Advisory notice directed to businesses and individuals that send commercial electronic messages (CEMs) as part of their commercial activities. Notably, the sender of CEMs must have the consent of the recipient to send them a message, or else the message is considered spam.

 

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Lessons to be learned from Compu-Finder – CASL’s first major target

In last month’s post, I provided some tips to those of you who may be facing a regulatory prosecution under Canada’s now famous (some might say infamous) anti-spam legislation (CASL) . Those tips may of particular interest to Compu-Finder, a Quebec company that has found itself to be the first major target of CASL’s regulatory […]

 

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Zero minus 24 hours – the importance of a CASL compliance policy

zero minus 24 hours

Tomorrow is July 1, 2014. It is a day that marks Canada’s “birthday”. It is also the date of the coming into force of Canada’s Anti-Spam Legislation (CASL). While most Canadians will be out celebrating Canada Day with their families and friends, they should also be in compliance with CASL. But are they?

 

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Canada’s anti-spam legislation – myths and misconceptions

Over the past months, I have been writing, lecturing and advising on Canada’s anti-spam legislation (CASL). In discussing the legislation, I have encountered many myths and misconceptions about CASL and its implications. This is not surprising. The legislation and accompanying regulations create a complex and often confusing regulatory regime that contains more questions than answers.

 

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New anti-spam legislation could bolster Canadian privacy commissioner’s call for greater PIPEDA enforcement powers

Canada’s new anti-spam legislation comes into effect later this year, and it packs a punch—fines of up to $10 million per violation for companies and up to $1 million per violation for individuals. The government was clearly prepared to give regulators substantial teeth to both encourage compliance and punish non-compliance.

 

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Are you ready for the Canada anti-spam legislation? – Part II

Last fall, I provided an overview of sections of the upcoming Canada Anti-Spam Legislation (“CASL”) and explained why every business, large or small, must begin preparing for it. Since then, there have been some developments in the area, most significantly, the announcement that the CASL will be coming into force on July 1, 2014. It is important that every business begin preparing for the CASL now, as, a few months from now, it will have a profound impact on how businesses engage in electronic communication and marketing.

 

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Are you ready for the anti-spam legislation? Part 1

Spam emails—everyone receives them, no one particularly likes them. Some of us delete them. Some of us simply ignore them. But, are they such a problem that requires all Canadian businesses, big or small, to overhaul how they communicate with their customers and potential customers?—You be the judge.

 

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Anti-spam legislation: Time to act on commercial electronic communications

It feels like we’ve been saying this for years now, but, as we reported again last Monday. Canadian businesses can expect new legislation governing commercial electronic communication and spam in the coming months.

 

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What do I need to know about Canada’s new anti-spam legislation?

Canada’s anti-spam legislation is expected to be declared in force in 2013. It will regulate most forms of commercial electronic messages sent to Canadians, including email, text messages and messages sent through social media. Under the anti-spam legislation, either express or implied consent is required before sending commercial electronic messages. In addition, the message must comply with prescribed information disclosures, and a mechanism to unsubscribe must be provided.

 

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