New CASL deadline looms

Private right of action could mean costlier penalties
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 05/15/2017

Just over three years ago, employers faced a daunting headline: Compliance with Canada’s anti-spam legislation (CASL) by July 1, 2014. Essentially, that meant any commercial electronic messages (CEMs) such as emails or texts sent by employers needed consent, identification information and an unsubscribe mechanism. The installation of computer programs without express consent was also not allowed, and there were restrictions around the collection of personal information and electronic addresses.

Over the transition period that followed, companies were allowed to rely on “implied consent” based on a prior relationship and prior communications with recipients. But that grace period is ending as of July 1, 2017 — and, this time, the potential penalties are more severe.

So, are employers ready? Not really, according to legal experts.