June 30, 2014
Do you know about Canada’s new Anti-Spam Legislation (CASL)?
Canada’s new anti-spam law was passed in December 2010 and, following a Governor in Council order, it will enter into force on July 1, 2014. Once the law is in force, it 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 computer programs or software come into force.
When the new law is in force, it will generally prohibit the:
•sending of commercial electronic messages without the recipient’s consent (permission), including messages to email addresses and social networking accounts, and text messages sent to a cell phone;
•alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent;
•installation of computer programs without the express consent of the owner of the computer system or its agent, such as an authorized employee;
•use of false or misleading representations online in the promotion of products or services;
•collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada); and
•collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).
There are three government agencies responsible for enforcement of the law. When the new law is in force, it will allow:
•The Canadian Radio-television and Telecommunications Commission (CRTC) to issue administrative monetary penalties for violations of the new anti-spam law.
•The Competition Bureau to seek administrative monetary penalties or criminal sanctions under the Competition Act.
•The Office of the Privacy Commissioner to exercise new powers under an amended Personal Information Protection and Electronic Documents Act.
It will also allow all three agencies to share information with the government of a foreign state if the information is relevant to an investigation or proceeding in respect of a contravention of the laws of a foreign state that is substantially similar to the conduct prohibited by this Canadian law.
The law will also allow individuals and organizations who are affected by an act or omission that is in contravention of the law to bring a private right of action in court against individuals and organizations whom they allege have violated the law. Once into force, the private right of action will allow an applicant to seek actual and statutory damages. Statutory damages may not be pursued if the person or organization against whom the contravention is alleged has entered into an undertaking or has been served with a Notice of Violation.
Before filing a lawsuit against an individual or organization, get legal advice. An individual or organization could be responsible for paying considerable legal fees incurred by the alleged violator if they file an improper claim or one that is not considered to have merit.