Good luck storming the C.A.S.L.
Posted by Rob Ropars on October 8th, 2012
As you may recall, Canada passed its anti-spam law in December of 2010. As we approach the second anniversary of this action, the Governor in Council order required to put the law into effect has yet to occur.
Current speculation is that the law will begin enforcement in 2013. The lengthy delay has lead to C.A.S.L. falling off the radar of many marketers. I’ve been following this topic since it first arose and reviewed the key points of the law which will impact email marketing both inside and outside of Canada.
As a quick reminder, C.A.S.L. covers far more than email, has a higher standard of compliance for email marketing and penalties far beyond the US CAN-SPAM Act. The law covers all commercial electronic messages and requires 100% consent to send email, SMS/MMS, and social media communications. Three government agencies will be enforcing various aspects of the law including the Canadian Radio-television and Telecommunications Commission (CRTC), the Competition Bureau and the Office of the Privacy Commissioner.
And beyond that, the law empowers individuals and organizations to bring a private right of action in court against those perceived to violate the law. The penalties across the board for violations are hefty. I strongly urge marketers to review the Canadian government’s portal on C.A.S.L., get the facts, confer with legal counsel and be prepared.