Canada’s Anti-Spam Legislation — 2017 Year in Review

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During 2017, the Canadian Radio-television and Telecommunications Commission continued to enforce Canada’s Anti-Spam Legislation (commonly known as “CASL”). The CRTC issued two enforcement decisions and announced one voluntary undertaking which we have summarized.

In June 2017, the Canadian government indefinitely suspended the commencement of CASL’s private right of action, which would have allowed any individual or organization affected by a CASL contravention to sue the persons who committed the contravention or were otherwise liable for the contravention and seek both compensatory damages and statutory (non-compensatory) damages of up to $200 for each contravention and $1,000,000 for each day on which the contravention occurred.

CASL was also subject to a parliamentary review in accordance with a process contemplated by CASL. In December 2017, the House of Commons Standing Committee on Industry, Science and Technology issued a report which encourages the CRTC to provide additional educational guidance materials and achieve greater transparency regarding its CASL enforcement process.

To read our full Canada’s Anti-Spam Legislation — 2017 Year in Review publication, click here.

This content has been updated on January 3, 2018 at 19 h 41 min.