Provisions Have Implications for US, Global Businesses

Starting on July 1, 2014, key provisions of Canada’s Anti-Spam Law (CASL) governing commercial electronic messages (CEMs) will go into effect, per our advisory thoroughly analyzing CASL. The statute and its implementing rules generally prohibit sending CEMs without the recipient’s express consent, and as noted in the advisory, extend far beyond just email, reaching CEMs sent to instant message and social network accounts, as well as short message service (SMS) texts to cellphones. And, CASL governs CEMs sent from or accessed by domestic computer systems, meaning the law’s provisions will extend far beyond Canada’s borders and affect CEMs sent from other countries, including the United States.

Additional provisions of CASL take effect in the coming years.  Sections of the law related to unsolicited installations of computer programs or software come into force January 15, 2015, and CASL’s private right of action takes effect July 1, 2017. Our advisory provides more information regarding CASL’s scope, exceptions, and enforcement powers, as well as how it will affect domestic and foreign businesses with interests in Canada. Compliance measures by those potentially subject to CASL should be well underway, but with a month to go, there is still time to review the law and take action where necessary.