Canada’s Anti-Spam Law:
A Refresher on CASL and a Look at What Lies Ahead
Presented on Tuesday, June 6, 2017
Canada’s Anti-Spam Law: A Refresher on CASL and a Look at What Lies Ahead
- Dan Glover, Partner, McCarthy Tétrault LLP
- Eric Block, Partner, McCarthy Tétrault LLP
- Tim Ryan, Vice-President and Director of Industry Relations & General Counsel, CADA
The Canadian government's Anti-Spam Legislation (also referred to as "CASL") first came into force in 2014 and it placed restrictions on when businesses (including dealerships) or individuals could send email and other electronic messages (generally speaking, CASL regulates "commercial electronic messages", which may include any email, text, direct message or instant message that promotes, or offers for sale, a good, service or business opportunity). In 2014, we provided dealers with information about the legislation and conducted webinars on it. Three years later, Canada now has some of the toughest anti-spam/malware laws in the world, with a potential $10-million penalty for violations of CASL. These laws will only get tougher in July of this year, when an even more potent private right of action is slated to come into law, which will allow individuals to sue businesses directly with the prospect of potentially massive penalties, including through class actions.
To remind our dealer members about the importance of CASL compliance, and to further assist you, CADA has prepared a refresher memo on CASL (which we will email to you and place on our website) and we are inviting you to attend a webinar that will review the highlights of this legislation in the context of your dealership operations to assist with your dealership compliance efforts. CADA's legal advisors from the McCarthy Tétrault law firm will also be on hand to lead the webinar and share their expertise and insights on CASL.
We hope this webinar will prove a helpful refresher to your CASL compliance efforts. Please note that the webinar is not intended as legal advice and should not be taken as such. Each dealer should consult with their individual legal counsel with respect to CASL and its application to their individual circumstances.