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Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014. Designed to be one of the most stringent anti-spam regimes in the world, CASL affects the electronic communications practices of all businesses operating in the Canadian marketplace and imposes significant restrictions on the use of electronic messages to carry out commercial activities. In addition to the anti-spam portions of the legislation, CASL contains new privacy requirements and false and misleading advertising provisions, as well as provisions regarding phishing and the use of spyware.

The new law regulates the form and content of electronic communications, imposes consent requirements (as well as opt-in consent), includes significant penalties for non-compliance and gives individuals affected by non-compliance a private right of action. In light of CASL’s broad application, high standards for consent, greater penalties and a clear out-of-country reach, businesses will need to pay careful attention to assure compliance with CASL’s requirements.

Blakes is recognized for its expertise in online marketing and regulatory practices, and as a result, proactive businesses are engaging the Firm to help them to understand the new requirements and to provide updates and advice regarding the legislative process. Clients are also engaging Blakes in reviewing their online marketing practices, messaging systems, contracts, standards, policies and communications to assist in compliance with CASL’s requirements.

Blakes lawyers stay current on emerging anti-spam issues. They are sought after to speak and write on legal developments and are available to assist clients in developing and implementing strategies to ensure ongoing compliance with the anti-spam legislation.