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New Canadian Anti-Spam Law Goes into Effect on July 1

Fines of up to $10 Million To Be Levied against Organizations Sending Unsolicited Commercial Electronic Messages to Canadians

New York, Jun 30, 2014

Provisions of a law adopted by the government of Canada that strictly prohibits sending unsolicited commercial electronic messages (CEMs) will go into effect tomorrow, Tuesday, July 1, 2014. Individuals found to have violated the law face fines of up to $1 million, while organizations can be fined as much as $10 million.

The law, known as Canada’s Anti-Spam Legislation (CASL), applies to any electronic message that encourages—in whole or in part—a commercial activity that is received by a Canadian and opened on a computer located inside of Canada, regardless of the location of the sender. The law allows such messages to be sent only if a Canadian recipient has given his or her explicit or implied consent to receive such communications, except in cases covered by exceptions in the law.

Additional information about the law can be found on its official Canadian website. CASL has implications for every organization that uses CEMs as a marketing or promotional tool. Given the complexities of the law and the substantial penalties associated with non-compliance, organizations should evaluate their email protocols and practices to ensure compliance.

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