We can all help the CRTC enforce CASL. Report all of your spam messages to spam@fightspam.gc.ca. If we all forward our spam to the Spam Reporting Centre, the bad actors will pop up like tall poppies. The CRTC will know who to investigate for what and fines/undertakings/violations will follow when appropriate. Here are the Enforcement […]
In the Undertaking announced today by the CRTC, Gap, Inc has agreed to pay a $200,000 fine and to come into full compliance with An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian […]
The CRTC is very good at communicating about CASL Enforcement. At least twice a year they present this type of update. I like their work in the botnet area and their commitment to make the internet a safer place for Canadians. In this period betweek April 1, 2021 and Septemeber 30, 2021 they sent out […]
During Paul Martin’s term as Prime Minister, the Government began the process of reducing electronic spam (email and SMS Text) in Canadian’s personal inboxes. Stephen Harper’s Government then carried the ball and in Dec 2010 the Canadian Anti Spam Legislation was passed and became law. During Paul Martin’s term as Prime Minister, the Government began […]
Since the postponement on June 8th of the private right of action section of the CASL law, a number of clients have contacted me asking if they are now off the hook in terms of needing to be CASL compliant by July 1st. The simple answer is NO. The private of action is only one section […]
A “personal relationship” requires that the real identity of the individual who alleges a personal relationship is known by the other individual involved in such a relationship (as opposed to instances where a virtual identity or an alias is used). Using social media or sharing the same network does not necessarily reveal a personal relationship […]
Senior managers within an organization can give permission to email people within their organization providing the email address is their comany address. So if Microsoft is a customer of yours, you can request and recieve “blanket permission” to email Microsoft employees regarding the goods or services you provide. In addition, if someone publicly displays their […]
Many charities and not-for-profit organizations believe they are exempt from CASL, but they too must follow the rules when sending electronic messages. The rules are slightly different as they are not always enaged in commercial activities, but the standards of proof and conditioins of consent are clearly stated below. Implied consent – Existing non-business relationshipThis […]
Now that we have explored Express Consent under CASL, let’s examine the 3 different types of implied consent allowed. IMPLIED CONSENTThere are 3 types of implied consent. All 3 require proof. According to CRTC, all 3 are “generally time-limited. It is typically a period of 2 years after the event that starts the relationship (e.g. […]
“Canada’s new anti-spam law was passed in December 2010 and, following a Governor in Council order, it entered into force on July 1, 2014. The law will help to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. On January 15, 2015, sections of the Act related to the unsolicited installation of […]