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
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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