Canada Anti-Spam Legislation – Alex Webb

We are now 5 months into the new Canada Anti-Spam Legislation (CASL) and while it seems to have slowed down the Canadian spam content, it has done nothing to reduce the foreign spam content. Additionally, this only applies to electronic spam, meaning that your home mailbox will still be filled with once-in-a-lifetime opportunities for cheaper pizza and mind-blowing deals on garbage bags. I am not sure about you, but this is concerning as a business owner to know that international companies have an advantage over local companies when it comes to electronic marketing. In principal I agree with the legislation, but at the same time, I am very afraid that people could be charged for something they have done by accident. Be careful using the reply-all in your email because while the person sending the original email may have had consent, you may be in breach of the CASL. The first time offence fines for an individual can be up to $750,000 and $10,000,000 for corporations.

Note that until July 1st 2017 all you require is implied consent, after that you will require express consent. Corporations are given a 3 year transitional period giving them time to obtain express consent from their clients, so you can expect letters asking you to take extra steps to continue receiving newsletters and other marketing material.

The government has built a very nice website so we can all stay informed and report spammers.

http://fightspam.gc.ca/

Alex Webb

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