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Canada’s anti-spam legislation

Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force.

 

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CASL and private right of action

Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.

 

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CASL made clearer: First CRTC decision released

Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.

 

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CRTC’s reminder on record-keeping for CASL compliance

The Canadian Radio-television and Telecommunications Commission issued an enforcement advisory directing businesses and individuals to consider the importance of record-keeping pursuant to Canada’s anti-spam legislation (CASL). Under CASL, the onus remains on the sender of commercial electronic messages (CEMs) to demonstrate that it had the proper consents in place to send CEMs (whether implied or explicit).

 

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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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Canada’s anti-spam legislation: Considering CASL in business transactions

Since coming into force on July 1st, 2014, Canada’s Anti-Spam Legislation (“CASL”) has created new concerns and risks that must be addressed in business transactions. This post reviews those concerns in the context of asset acquisitions, specifically the risks associated with the transfer of CASL consents for the purposes of sending marketing messages to business customers.

 

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Test your knowledge of CASL

The current release of Finance and Accounting PolicyPro updates the policy on Canada’s anti-spam legislation (commonly known as “CASL”). Test your knowledge of CASL with the following questions, then review the answers below to see how well you did.

 

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Top 10 most read Inside Internal Controls posts published in 2015 and Season’s Greetings

The holidays are upon us and it is time to take a well deserved break. Please note that we will not be blogging during the holiday season from Thursday December 24, 2015 at noon to Friday January 1, 2016, inclusive. Our bloggers will resume sharing their expertise and interesting developments in the world of risk management and internal controls on Monday January 4, 2016…

 

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Canada’s anti-spam regulator continues to issue advisories, hunt for infringers: key messages for business

This fall, more than a year after Canada’s anti-spam legislation (CASL) came into force, it is abundantly clear that the regulator, the Canadian Radio-television and Telecommunications Commission, is taking its new responsibilities very seriously. In the latest developments, the CRTC recently issued an Enforcement Advisory and further Guidance on Implied Consent. The CRTC’s message is […]

 

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CASL one year later – Lessons learned

On July 1, 2015, Canada’s Anti-Spam Legislation (CASL) celebrated its one year anniversary. How has CASL been enforced during its first year and what lessons can be learned from its enforcement?

 

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Responding to a complaint under Canada’s anti-spam legislation

Have you or your company received a notice from the Canadian Radio-television and Telecommunications Committee (“CRTC”) that you are the subject of a complaint under Canada’s Anti-Spam Legislation (“CASL”)? If so, you are not alone. Since CASL came into force on July 1, 2014, the CRTC has reportedly received over 210,000 complaints for violations of CASL.

 

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Top 10 most read Inside Internal Controls posts published in 2014 and Season’s Greetings

The holidays are upon us and it is time to take a well deserved break. We are signing off for 2014 with a list of the top 10 most read posts published in 2014. Although Canada’s anti-spam legislation dominated the list, accessibility, internal controls and charities were also very topical.

 

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CASL computer program provisions come into force January 2015

Effective January 15, 2015, new rules under the Canada’s anti-spam legislation (CASL) will impose an express consent regime on the installation of a computer program on another person’s PC, smartphone or other computer-based device. The rules will apply to almost any computer program, not just malware/spyware/harmful programs.

 

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Marketing compliance news

E-commerce offers tremendous opportunities for non-profits. Large advertising budgets are no longer necessary to reach a broad audience. Volunteers can be more easily coordinated, charitable receipts issued relatively inexpensively, special events registration managed with far less human intervention required. This is all good news for non-profits. But along with this new e-reality have come new e-headaches.

 

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