• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
Background Image
Bennett Jones Logo 100 Years
  • People
  • Expertise
  • Knowledge
  • Search
  • Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Capital Projects Energy Funds & Finance Mining View all
Advisory
Crisis & Risk Management Environmental, Social & Governance (ESG) Governmental Affairs & Public Policy
Insights News Events
New Energy Economy Series COVID-19 Resource Centre Business Law Talks Podcast
Subscribe
Bennett Jones Centennial Menu
People
Practices
Industries
Advisory Services
About
Offices
News
Careers
Insights
Law Students
Events
Search
Alumni
Payments
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 
Blog

CASL Software Provisions now in Force

January 16, 2015

The provisions of Canada's Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, distribute or use computer programs and software in the course of business (i.e., most businesses in Canada).

Generally, the CASL software provisions prohibit a person from installing, or causing or permitting to be installed, a computer program on the computer system of another person without the consent of the owner or an authorized user. The law also provides for disclosure requirements and enhanced consent where the software in question can perform any one of a number of specified functions, including the collection of personal information from the computer system. As we have previously discussed, this creates new risks for many businesses, including businesses that offer employees participation in "Bring Your Own Device" programs.

In public presentations given in late 2014, the CRTC “ which enforces CASL “ gave a preliminary interpretation of the software provisions. Notably, the CRTC initially took the position that certain self-installed software would not fall within the scope of CASL. However, it also cautioned that software capable of performing any of the specified functions may still require disclosure and consent, even if self-installed.

We would accordingly encourage organizations that create, develop, distribute or use software in the course of business to consider their potential exposure under this new legislation.

PDF Download

Author

  • J. Sébastien A. Gittens J. Sébastien A. Gittens, Partner, Trademark Agent

Bennett Jones Marks 100 Years of Service and Trust

Related Links

  • Insights
  • Media
  • Subscribe

Recent Posts

Blog

Alberta Court Denies Application to Hear Motion to [...]

May 17, 2022
       

Blog

Alberta Court of Queen's Bench Finds Conflict of Interest [...]

May 16, 2022
       

Blog

The UK’s New Economic Crime Legislation–A Sign of Things to Come?

May 16, 2022
       

Blog

Canada's Federal Budget 2022 and Canadian Sanctions Implications

May 12, 2022
       

Blog

Alberta Court of Appeal Releases Reference Opinion [...]

May 11, 2022
       
Bennett Jones Centennial Footer 100 Years
Bennett Jones Centennial Footer 100 Years
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
  • History
Offices
  • Calgary
  • Edmonton
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2022. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones