Risk & Business Magazine CMW Spring 2017 | Page 28

EMPLOYEE SAFETY CASL Be Prepared For CASL Private Right Of Action In 2017 Protecting Your Company W ith the implementation of the Canadian Anti-Spam Legislation (CASL), Canada has one of the most stringent and broad-reaching anti-spam regimes in the world. Since it came into force on July 1, 2014, there have been a number of enforcement actions, the most significant being a $1.1 million fine. Recently, the Canadian Radio-television 28 and Telecommunications Commission (CRTC) imposed its first penalty against an individual in the amount of $15,000. Canadian organizations send millions of electronic messages every year and much of these could be covered under CASL. CASL applies to all commercial electronic messages — e-mails, text messages, instant messages, and direct messages via social networks — that encourage participation in a commercial activity. Even messages sent without the intent of garnering a profit are considered commercial electronic messages. It captures all kinds of business communications, far beyond what would typically be considered “spam.” On July 1, 2017, the private right of action portion of the legislation will come into effect. Any individual or organization can sue another individual or organization for violating CASL. Every