OUR THOUGHTS ON:

Canada's Anti-Spam Legislation: What You Need to Know

Marketing

By Mark Shumaker

On July 1, 2014, the rules for communicating from Canada, and with Canadian companies will change forever.

These changes began on December 15, 2010, when the Canadian federal government passed Canada’s new federal anti-spam legislation (CASL), one of the strictest in the world. The following part of the legislation takes effect on July 1, 2014:

This legislation creates an “opt-in” system for commercial electronic marketing. Generally speaking, CASL requires express or implied consent for the sending of “commercial electronic messages” and imposes opt-out requirements for electronic communications. This legislation impacts companies that engage in electronic marketing, such as e-mail, text messaging, phone messaging, instant messaging and some types of social media marketing. CASL applies where commercial electronic messages are sent from or accessed in Canada.

Additional portions of Canada’s Anti-Spam Legislation, relating to the unsolicited installation of computer programs and software, will become law on January 15, 2015, and an additional private right-of-action provision will come into force on July 1, 2017.

Violations of CASL could result in penalties of up to $1-million (for individuals) and $10-million (for corporations).

More information can be found at:

http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00050.html#Commercial or

http://www.crtc.gc.ca/eng/archive/2012/2012-183.htm.

Being a business partner of companies throughout the world, Schneider Downs respects the laws of each nation. We have identified Canadian-based companies that we communicate with electronically, and have implemented an opt-in strategy that complies with the new regulations.

If you have questions, please contact Lindsay Brooks at (614) 586-7202.

© 2014 Schneider Downs. All rights-reserved. All content on this site is property of Schneider Downs unless otherwise noted and should not be used without written permission.

This advice is not intended or written to be used for, and it cannot be used for, the purpose of avoiding any federal tax penalties that may be imposed, or for promoting, marketing or recommending to another person, any tax related matter.

 

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The Schneider Downs Our Thoughts On blog exists to create a dialogue on issues that are important to organizations and individuals. While we enjoy sharing our ideas and insights, we’re especially interested in what you may have to say. If you have a question or a comment about this article – or any article from the Our Thoughts On blog – we hope you’ll share it with us. After all, a dialogue is an exchange of ideas, and we’d like to hear from you. Email us at contactSD@schneiderdowns.com.

Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax, or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice.

© 2018 Schneider Downs. All rights-reserved. All content on this site is property of Schneider Downs unless otherwise noted and should not be used without written permission.

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