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Anti-Spam Law

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  • Key Contacts
  • Recent Experience
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Insights, News & Events

Canada's Anti-Spam Legislation (CASL) and corresponding regulations by Industry Canada and the Canadian Radio-television and Telecommunications Commission (CRTC) became law July 1, 2014.

It is not too late to begin or enhance your compliance efforts.

Failure to comply could result in severe penalties including fines of up to $10 million, directors' and officers' liability, as well as criminal liability for the Competition Act related offences.

Bennett Jones has performed groundbreaking work with public and private corporations, marketing agencies, governments, healthcare providers, not-for-profit organizations, charities and private information-gatherers, advising on the far-reaching legal implications of commercial electronic messaging.

Offering both compliance and strategic planning advice, we have developed internal compliance checklists, procedures and policies for clients' existing business and non-business relationships, advised on transitional obligations under CASL and exemptions, electronic record keeping practices and the requirements of the Canada Evidence Act, provided opinions and direction on specific content for forms of consent and the manner in which consent should be obtained, and various other requirements and formalities under CASL, the regulations and Canada's privacy laws.

We are highly familiar with the Competition Act implications, where we have counselled clients on the use of representations and statements in electronic messages, online and on websites. We possess a wide body of experience in technology law, outsourcing and corporate governance, and are able to assist corporate directors and officers to assess and mitigate the risks involving electronic communication and to prepare organizational policies, employee guidelines and to negotiate appropriate terms with service providers, to ensure compliance with CASL.

As CASL also affects developers and distributors of software and apps, by imposing prohibitions on the installation of certain computer programs, we assist these types of businesses to meet the prescribed requirements and guide them in obtaining express consent in the proper form from customers. The software related provisions of CASL come into force in January 2015.

Our anti-spam compliance team also includes litigators prepared to defend clients and their electronic communication practices. Our experienced class action litigators are ready to defend class action lawsuits expected to arise when the private right of action comes into force.

In order to assist clients in taking steps to become compliant with CASL we have developed an anti-spam learning centre.

Key Contacts

  • Duncan C. Card Duncan C. Card, Partner
  • Matthew  Flynn Matthew Flynn, Partner
  • J. Sébastien A. Gittens J. Sébastien A. Gittens, Partner, Trademark Agent
  • Related Lawyers

Recent Experience

Bennett Jones' anti-spam compliance practice has assisted numerous local, regional, national and international clients with pragmatic steps to support their CASL compliance plans including assistance in the assessment of communications contact lists, the provision of anti-spam compliance policies, the provision of compliant outbound message language and consent collection language, organization consent forms and contractual terms. We also address issues of the ambiguities and conflicts within CASL and provide legal analysis as needed on specific communications practices.

The team also has assisted clients in respect of addressing CASL compliance issues and risks, covenants, representations and warranties and notification requirements in major transactions including involving the purchase, sale or licensing of customer electronic contact details.

We have assisted numerous national and international cross border clients with their anti-spam compliance programs including developing blended CAN-SPAM and CASL compliant polices, practices and notifications for such clients.

We are assisting clients with their defensive preparations for the enforcement of the anti-spam law including addressing the requirements of the enforcement process and the prospect of challenges to the law itself or the way it may be applied.

Clients served with their anti-spam compliance matters range from numerous:

  • marketing and advertising agencies, 
  • major national or international event organizers,
  • industrial manufacturers and distribution companies,
  • energy and oil & gas companies,
  • natural resource, mining and exploration companies,
  • energy, oil & gas and natural resources service companies,
  • major cross border and/or national retailers, 
  • national and regional commercial and residential real estate brokerages,
  • professional services firms,
  • national investment brokers and dealers,
  • cross border ecommerce and web based businesses,
  • software and app developers and distributors,
  • personnel recruiters,
  • municipal government agencies,
  • public corporations,
  • national and regional non-profit organizations,
  • national industry associations,
  • numerous universities and colleges, and
  • numerous national and regional registered charities.

Insights, News & Events

Blog

CRTC Enforces CASL in Case of Malware Distribution

December 13, 2019
       

Articles

Breach Notification Rules Under GDPR, PIPEDA and PIPA

December 2018
       

Articles

Understanding the GDPR - Comparing Consent Provisions to PIPEDA, PIPA and CASL

December 2018
       

Blog

CRTC Issues $250,000 in Penalties for Malware Distribution

July 11, 2018
       

Blog

CASL Compliance Becomes More Complex

May 31, 2018
       

Blog

514-BILLETS Pays $100,000—CASL Still Being Enforced After Critical Reviews

May 01, 2018
       

Blog

Relief as Private Right of Action Suspended Under Canada's Anti-Spam Law (CASL)

June 08, 2017
       

Speaking Engagements

Canada's Anti-Spam Legislation

April 2017
       

Speaking Engagements

CASL & Private Right of Action

April 13, 2017
       

Blog

Court Interprets Canada's Anti-Spam Law

April 11, 2017
       

Blog

Canada's Anti-Spam Law: Is Your Business Ready for July 1st, 2017?

January 12, 2017
       

Blog

Establishing the Due Diligence Defence Under CASL

November 30, 2016
       

Speaking Engagements

OBA's CASL Challenges Roundtable

June 13, 2016
       

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