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New Canadian Anti-Spam Legislation Imposes Stringent Requirements

The new Canadian Anti-Spam Legislation (the “CASL”) passed as Bill C-28 in December, 2010, will impose stringent restrictions upon companies operating in the Canadian electronic communication marketplace.  There is currently some uncertainty as to when CASL will come into force, but it is expected to occur early in 2013.

In summary, CASL prohibits marketers from sending unsolicited commercial electronic messages by any means of telecommunication, including text, email, audio, voice or image messages to or from Canada unless the sender has obtained either express or (narrowly-defined) implied consent from the intended recipients. 

The maximum penalty for a CASL violation is one million dollars per violation for an individual offender and ten million dollars per violation for a corporation. 

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