Overview
Canada’s anti-spam law, unofficially called “CASL”, is one of the toughest laws of its kind in the world. It has the potential to regulate any individual or organization who sends e-mails, texts, social media messages or any other form of electronic communication to third parties in Canada, whether the recipients are businesses, consumers or individuals.
Miller Thomson’s Anti-Spam (CASL) team consists of lawyers from a variety of disciplines, who can assist our clients in understanding both CASL’s requirements and managing their compliance obligations under CASL.
CASL’s prohibitions relating to computer programs became law on January 15, 2015 and private right of action against CASL offenders (ie. class actions) start July 1, 2017.
The members of our CASL team bring diverse backgrounds and specific industry and specialty expertise to our group, which enhances our team’s ability to assist a wide range of clients. Some of these clients include charitable and not-for-profit organizations, direct sellers, financiers, government ministries and agencies, health industry clients, IT providers, lenders and lessors, marketers, public and private companies, retailers, small, medium and large businesses, sole proprietors, and start-up businesses.
Our team offers CASL assistance to clients in a number of ways, including:
- Advising on both CASL’s requirements, including marketing, advertising and fundraising activities
- Assisting with the development and implementation CASL compliance strategies, such as:
- auditing of current electronic communication practices
- developing a CASL compliance strategy and action plan
- drafting and reviewing CASL compliance policies and processes, including consent forms, unsubscribe mechanisms and agreements
- drafting and reviewing contracts to ensure third parties are CASL compliant
- drafting and reviewing related policy development (i.e. privacy, website, privacy terms of use, employee and acceptable use of devices at work)
