Canada's Anti-Spam Legislation (CASL)

CASL is designed to protect Canadians from spam, malware, phishing, and other electronic threats. It governs how businesses send commercial electronic messages (CEMs) and establishes standards to promote electronic commerce.

• Consent Requirements: Organizations must obtain express or implied consent before sending CEMs.
• Transparency in Communications: Messages must include clear identification of the sender, contact information, and a clear purpose.
• Unsubscribe Mechanisms: Requires easy and effective ways for recipients to opt out of future communications.
• Installation of Software: Mandates consent before installing programs on users' devices.

Enacted in 2014, CASL introduced phased implementation, including enforcement of private rights of action starting in 2017.

• Financial Penalties: Fines can reach up to CAD 10 million for businesses and CAD 1 million for individuals per violation.
• Legal Risks: Exposure to lawsuits from affected parties.
• Reputational Harm: Spam or malware violations can damage trust with consumers and partners.

• Consumer Trust: Builds credibility through ethical communication practices.
• Legal Safeguards: Protects businesses from enforcement actions and lawsuits.
• Enhanced Cybersecurity: Reduces vulnerabilities by preventing malicious communications.