Risk & Business Magazine Cooke Insurance Group Spring 2016 | Page 6

FAQs on Canada’s Anti-Spam Legislation & Customer Experience Management

O

n July 1, 2014, most provisions of
Canada’s Anti-Spam Legislation
(CASL) came into force. This law brings
sweeping changes to Internet privacy
protocols. Companies must update
electronic marketing practices as well
as customer database records in order to
comply.

What is the timeline?
July 1, 2014: Portions of the Act that
govern Commercial Electronic Messages
(CEMs) came into force.
January 15, 2015: Sections of the Act
governing installation of computer
programs or software will come into
force.
July 1, 2017: The Private Right of Action
provisions come into force. The three
year transition period for CEMs ends.

Is there a transition period?
On July 1, 2014, a three-year transitional
period began. During this time, consent
to send CEMS will be implied for any
pre-existing business and non-business
relationships. A similar consent window
will exist for the installation of updates
or computer programs. This consent can
be revoked by the recipient at any time.

Who does this impact?
Anyone who makes use of CEMs,
produces or installs computer
programs or is involved with the
alteration of transmission data
is impacted. All organizations in
Canada, with very limited exceptions,
are impacted as well as any
international organization that sends
CEMs, installs programs or transmits
data into Canada.

What is a CEM?
CEMs are messages that encourage
participation in commercial activity.
Even if a commercial message is not
sent with an expectation of garnering
a profit, it still qualifies as a CEM.

What do I need to know before
sending a CEM?
CASL
outlines
requirements
regarding recipient consent as well
as content requirements for CEMs.
Generally, senders must be able to
prove that the recipient has consented
to receive the message and must
include sender contact information
and an unsubscribe mechanism in the
message.

Does this law only apply to CEMs?
The Canada Radio-Television and
Telecommunications Commission,
the Competition Bureau, and The
Office of the Privacy Commissioner
share responsibility for enforcement
of CASL.

6 SPRING 2016

No. CASL regulates other electronic
threats to commerce, like the
installation of computer programs,
the alteration of transmission data
and the installation of malware.
It also prohibits unauthorized

collection of electronic addresses
and personal information (address
harvesting) and false or misleading
digital representations.

What if I don’t comply?
The financial penalties for noncompliance
with CASL are severe. Penalti