Canada. ePrivacy / marketing. Act

CASLAn Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities (Canada's Anti-Spam Legislation)

Partially in force

§1Summary

Synopsis

Prohibits sending commercial electronic messages without express or implied consent, requires sender identification and a working unsubscribe mechanism, and restricts installing software or altering transmission data without consent.

Key themes
  • commercial electronic messages
  • express/implied consent
  • unsubscribe
  • software installation
  • address harvesting
Unique features

Opt-in model stricter than US CAN-SPAM; applies to any message sent to or accessed from a computer system in Canada; directors and officers can be personally liable.

SaaS relevance

SaaS marketing emails, in-app messages and transactional-plus-promotional messages to Canadian recipients must meet consent, ID and unsubscribe rules; auto-updating software installs also caught.

§2Obligations

Extraterritorial
Yes
Breach notification
None
DPO
No
Maximum penalty
AMPs up to CAD 10m per violation (organisations) / CAD 1m (individuals)

§3Dates

Key dates
  • Adopted
  • In force
  • Software installation rules from 2015-01-15; transitional implied consent ended 2017-07-01; private right of action suspended indefinitely (2017)

§4Text and authority

Text
Authority
Canadian Radio-television and Telecommunications Commission (CRTC); Competition Bureau; OPC

§5Where it applies

Domestic law of
Canada
Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Private right of action (ss.47-51) never brought into force.