CASL, Governments & Crown Corporations

The Canadian Radio-television and Telecommunications Commission (CRTC) released a new question and answer today as part of its Frequently Asked Questions.  The Frequently Asked Questions are available at http://www.crtc.gc.ca/eng/com500/faq500.htm.

Question:  Does CASL apply to federal, provincial, territorial and municipal governments?

Answer:  CASL does not apply to the activities of the federal, provincial and territorial governments. CASL does apply, however, to crown corporations, including municipal governments, when the corporation is acting in the course of any commercial activity.

 

Permanent link to this article: http://www.canadaanti-spam.com/2014/07/11/casl-governments-crown-corporations/

CASL CRTC Guidance for Registered Charities

The CRTC has now released some specific guidance for registered charities.  They have placed the guidance under their Frequently Asked Questions section (see http://www.crtc.gc.ca/eng/com500/faq500.htm), in the category entitled “Registered Charities”.

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Permanent link to this article: http://www.canadaanti-spam.com/2014/07/04/casl-crtc-guidance-for-registered-charities/

CASL CRTC Guidance on CASL Transition Provision – s. 66(b)

This afternoon, the Canadian Radio-television and Telecommunications Commission (CRTC) released some guidance on how section 66(b) of Canada’s anti-spam legislation (CASL) will be interpreted by the CRTC.  This guidance is available at http://www.crtc.gc.ca/eng/com500/faq500.htm under the section entitled “Transition”.

The new CRTC guidance states:

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/23/casl-crtc-guidance-on-casl-transition-provision-s-66b/

CRTC CASL Infographic – Personal Relationship Exemption

The Canadian Radio-television and Telecommunications Commission (CRTC) has released a sixth infographic to help Canadians and others prepare for the arrival of Canada’s anti-spam legislation (CASL).

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/20/crtc-casl-infographic-personal-relationship-exemption/

CRTC CASL Infographic – Information to be Included in a Commercial Electronic Message (CEM)

The Canadian Radio-television and Telecommunications Commission (CRTC) has released a fifth infographic to help Canadians and others prepare for the arrival of Canada’s anti-spam legislation (CASL).

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/19/crtc-casl-infographic-information-to-be-included-in-a-commercial-electronic-message-cem/

CRTC CASL Infographic – Know Your Responsibility When Managing Consent

The Canadian Radio-television and Telecommunications Commission (CRTC) has released a fourth infographic to help Canadians and others prepare for the arrival of Canada’s anti-spam legislation (CASL).

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/18/crtc-casl-infographic-know-your-responsibility-when-managing-consent/

CRTC CASL Infographic – Express Consent Versus Implied Consent

The Canadian Radio-television and Telecommunications Commission (CRTC) has released a third infographic to help Canadians and others prepare for the arrival of Canada’s anti-spam legislation (CASL).

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/17/crtc-casl-infographic-express-consent-versus-implied-consent/

CRTC CASL Infographic – Is My Existing Express Consent Valid?

The Canadian Radio-television and Telecommunications Commission (CRTC) has released a second infographic to help Canadians and others prepare for the arrival of Canada’s anti-spam legislation (CASL).

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/13/crtc-casl-infographic-is-my-existing-express-consent-valid/

CRTC CASL Infographic – What Constitutes a Commercial Electronic Message (CEM)?

The Canadian Radio-television and Telecommunications Commission (CRTC) has released an infographic to help Canadians and others prepare for the arrival of Canada’s anti-spam legislation (CASL).

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Permanent link to this article: http://www.canadaanti-spam.com/2014/06/13/crtc-casl-infographic-what-constitutes-a-commercial-electronic-message-cem/

Be cautious with third party CASL product/service offerings

Have you seen any advertisements or promotional materials by marketing or other companies that claim they can provide you with full protection against CASL?

Recently, I’ve noticed that some companies are promoting themselves as being able to provide protection against CASL, including CASL “fines”.

First, Canada’s anti-spam legislation (CASL) does not contain “fines”.  CASL contains something called Administrative Monetary Penalties (AMPs).  These are, legally speaking, different from fines, and knowing the distinction is important.

Second, no tools, solutions, resources, or other product or service offerings being sold by third parties can ensure that a buyer of such offerings will be fully protected against CRTC CASL enforcement actions or, starting July 1, 2017, private legal actions (including possible class action lawsuits).

CASL is a complex piece of legislation, and it contains many sections that remain open to legal interpretation.  Until more guidance is provided by CASL’s enforcement regulator, the CRTC, and/or Canada’s courts, a definitive interpretation of what CASL means and how it will be applied and interpreted cannot and does not exist.  Buyers of third party product or service offerings should be aware of this.

Some third parties are even offering to issue their customers a seal of CASL certification that the customers can use on their websites and in their emails.  If the customers want to continue to use the third party’s CASL certification seal after a short initial period of time, the customers have to pay a monthly licensing fee.  Buyer beware!

Permanent link to this article: http://www.canadaanti-spam.com/2014/06/08/be-cautious-with-third-party-casl-productservice-offerings/

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