Jeff Kahane of the Kahane Law Office will explain exactly what you need to know to comply with Canada's Anti-Spam Legislation. Is your marketing plan with permission and within the law? Post presentation, Jeff will answer audience questions in an interactive Q&A.
“Canada's new Anti-Spam Law comes into force on July 1, 2014 and will cover all electronic messages including: email, social networking accounts and text messages - plus much more.
What does it mean for you as a business owner when communicating with current and potential clients? What are the guidelines and penalties? What do you need to know and how should you prepare?”
Debbie Lapointe is a small business owner who began educating herself on the Canadian Government’s new Anti-Spam law a year ago, when the spam received in her inbox became a daily source of frustration. She is not associated with the new Anti-Spam program, but happily shares what she’s learned with other business owners, who will be impacted by the changes.
Preparing for Compliance: Canada's Anti-Spam Law (CASL)Act-On Software
Get to know the ins & outs of Canada's latest anti-spam legislation in this exciting webinar led by David Fowler, Act-On's Chief Deliverability Officer!
“Canada's new Anti-Spam Law comes into force on July 1, 2014 and will cover all electronic messages including: email, social networking accounts and text messages - plus much more.
What does it mean for you as a business owner when communicating with current and potential clients? What are the guidelines and penalties? What do you need to know and how should you prepare?”
Debbie Lapointe is a small business owner who began educating herself on the Canadian Government’s new Anti-Spam law a year ago, when the spam received in her inbox became a daily source of frustration. She is not associated with the new Anti-Spam program, but happily shares what she’s learned with other business owners, who will be impacted by the changes.
Preparing for Compliance: Canada's Anti-Spam Law (CASL)Act-On Software
Get to know the ins & outs of Canada's latest anti-spam legislation in this exciting webinar led by David Fowler, Act-On's Chief Deliverability Officer!
Presentation on Cyber Harassment at 2009 Georgetown Law Reunion Weekend.
Some of the rantings made in response to his presentation are the work of Vanessa Kachadurian who is a defendant in a cyber harassment suit currently pending in federal court in Fresno. http://kachadurianlit.wordpress.com/
12.6.1 gongwer news service signing of ohio texting lawhmhollingsworth
Article in Gongwer News Service on June 1, 2012 about the signing of Ohio's new law against texting while driving, which also mentions a recent poll conducted by AT&T about texting while driving, as well as the AT&T DriveMode app which helps curb the temptation to text while driving.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
What Charities and Non-Profits Need to Know Before July 1, 2014
Balancing Canadian Anti-Spam Legislation and Constituent Communication, Legal and Technical.
A two hour workshop on what you need to know before the new Canadian Anti-Spam Act goes into effect July 1, 2014.
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
This presentation will be delivered in partnership with Methodworks Consulting and include both Lawyers and Implementation Specialists.
Speakers: Maanit Zemel, Miller Thomson LLP and Jim Freer, Method Works Consulting
http://www.meetup.com/net2van/events/180043062/
Presentation - gener8tor - Data Privacy, Security, and Rights 130627Jason Haislmaier
Data privacy, security and rights presentation given to the Gener8tor companies on June 27, 2013. Covering data privacy and data security rights issues relevant to startups and the evolution of the value of data.
A marketers guide to canada anti spam legislation (casl)Anene Wealth
Canada’s Anti‐Spam Legislation (CASL) took effect on July 1, 2014. It is a well known fact that this law will have an enormous impact on marketers all over the globe, and it’s crucial to arm your marketing department with all of the facts.
Below are some tips to help your company remain compliant with these new laws:
The new Canadian Anti-Spam Legislation (CASL) is shaking things up for marketers, recruiters, and higher education professionals. Starting July 1st, 2014, new laws about commercial electronic messages (CEM) will be enforced to ensure consent, identification, and the presence of unsubscribe mechanisms.
As a trusted higher education leader, EDge Interactive held a free online webinar to provide an overview of the legislation as well as useful tips to ensure compliance.
Presentation on Cyber Harassment at 2009 Georgetown Law Reunion Weekend.
Some of the rantings made in response to his presentation are the work of Vanessa Kachadurian who is a defendant in a cyber harassment suit currently pending in federal court in Fresno. http://kachadurianlit.wordpress.com/
12.6.1 gongwer news service signing of ohio texting lawhmhollingsworth
Article in Gongwer News Service on June 1, 2012 about the signing of Ohio's new law against texting while driving, which also mentions a recent poll conducted by AT&T about texting while driving, as well as the AT&T DriveMode app which helps curb the temptation to text while driving.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
What Charities and Non-Profits Need to Know Before July 1, 2014
Balancing Canadian Anti-Spam Legislation and Constituent Communication, Legal and Technical.
A two hour workshop on what you need to know before the new Canadian Anti-Spam Act goes into effect July 1, 2014.
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
This presentation will be delivered in partnership with Methodworks Consulting and include both Lawyers and Implementation Specialists.
Speakers: Maanit Zemel, Miller Thomson LLP and Jim Freer, Method Works Consulting
http://www.meetup.com/net2van/events/180043062/
Presentation - gener8tor - Data Privacy, Security, and Rights 130627Jason Haislmaier
Data privacy, security and rights presentation given to the Gener8tor companies on June 27, 2013. Covering data privacy and data security rights issues relevant to startups and the evolution of the value of data.
A marketers guide to canada anti spam legislation (casl)Anene Wealth
Canada’s Anti‐Spam Legislation (CASL) took effect on July 1, 2014. It is a well known fact that this law will have an enormous impact on marketers all over the globe, and it’s crucial to arm your marketing department with all of the facts.
Below are some tips to help your company remain compliant with these new laws:
The new Canadian Anti-Spam Legislation (CASL) is shaking things up for marketers, recruiters, and higher education professionals. Starting July 1st, 2014, new laws about commercial electronic messages (CEM) will be enforced to ensure consent, identification, and the presence of unsubscribe mechanisms.
As a trusted higher education leader, EDge Interactive held a free online webinar to provide an overview of the legislation as well as useful tips to ensure compliance.
Working through the implications that the Canadian Anti-Spam Legislation (CASL) might have on Tyndale. I am not a lawyer, this is not legal advice.
This is posted primarily for reference for the staff at Tyndale.
Canadian Anti-Spam Legislation(CASL) & New Marketing StrategiesDalia Asterbadi
A Quick review of the Anti-Spam legislation, it's impact and the other sources of impact to some organizations mix in demand generation. New sales and marketing channels, and solutions are reviewed.
Canada's Anti-Spam Legislation (CASL) comes into effect on July 1, 2014 and will have a significant impact on how Canadian organizations can legally communicate with their clients, prospects, members and partners.
The penalties for non-compliance with CASL are severe, with fines of up to $10 million. Understanding key information regarding the changes will help you adapt your marketing strategies and avoid litigation.
In this presentation, Wendy Wagner and Anca Sattler of Gowlings provide an overview of CASL and outline how organizations can remain compliant with the legislation while ensuring continued success with their marketing efforts.
To learn more about how Gowlings can help you comply with CASL, visit www.gowlings.com/CASL
Canada’s Anti-Spam Legislation goes into effect July 1, and marketers who believe that compliance with the United States’ CAN-SPAM Act also will cover their activities in Canada could be setting themselves up for a rude and expensive surprise. Unlike the opt-out approach of the United States’ CAN-SPAM Act, CASL’s opt-in orientation prohibits all commercial electronic messages (CEMs) that are sent without proper consumer consent, including e-mail, text, social media, sound and image messages.
How can marketers stay complaint with CASL and other legal obligations within the digital channel? We will be addressing the current legal landscape in Canada and how you can leverage the power of marketing automation to ensure appropriate measures of compliance within your marketing efforts.
Update on Canada's Anti-Spam Legislation for Nonprofits and CharitiesTechSoup Canada
Back by popular demand, Maanit Zemel from Zemel van Kampen LLP (http://www.canadatechlaw.com), will walk nonprofits through Canada's Anti-Spam Legislation (CASL) for nonprofits and charities, and what's involved in the next deadline for CASL that will come into effect on July 1st, 2017.
What you will learn in this webinar:
- How CASL applies to nonprofits and charities
- What's changing in the next deadline, July 1st, 2017*: transition period for implied consent ends
- How to be compliant with the legislation
*Update as of June 7th 2017: CASL Private Right of Action indefinitely suspended and will not take effect on July 1st, 2017. Read more: https://www.the-cma.org/resource/newsroom/2017/casl-pra-suspension
Canada's Anti-Spam Law Update: What It Means for You webinar slidesWhatCounts, Inc.
Industry Canada announced updates to Canada’s Anti-Spam Law (CASL) will officially take effect on July 1, 2014.
What does this mean for you as an email marketer? Our Director of Deliverability , Brad Gurley, will be addressing some key provisions of the law and how they may affect senders. In this webinar, he will discuss which senders are likely subject to the law, as well as examples of situations and processes that may or may not be compliant under the new law.
Reconfirming subscribers, modifying opt-in forms, or beefing up your data retention policies are just a few of the steps you may need to take now. With possible fines of up to $10 million per email, CASL compliance should be a top priority for your organization. Note: Any information given in this webinar should not be construed as legal advice and is provided only for guidance in sending practices.
Stage one of Canada’s new Anti-Spam Law came into effect on July 1, 2014, creating a new regulatory framework for any organization sending Commercial Electronic Messages (CEMs) to or from Canada.
Designed to reduce spam, spyware/malware, email address harvesting and network rerouting, CASL contains some of the toughest measures of its kind in the world, with severe penalties for non-compliance including fines, criminal charges, civil charges and personal liability.
It’s a complex framework with strict requirements for all CEMs, myriad rules on consent as well as numerous full and partial exemptions. Are you confident your organization is ready for CASL? Is your technology? What about proving compliance?
Presentation from IAPP Canada 2011 Conference.
Presented by Shaun Brown - (http://nnovation.com), and Matthew Vernhout (http://www.transcontinental-interactive.com).
Canada’s Anti-Spam Legislation: What Charities and Not-For Profits Need to Kn...NetSquared Vancouver
Learn how mass emails could, should or are supposed to work under the Canadian Anti-Spam Legislation.
Maanit Zemel is a Partner with the law firm of Miller Thomson LLP, practicing out of the Toronto office, where she advises businesses, non-profit organizations, charities and individuals on a variety of legal issues. Ms. Zemel has substantial experience and expertise in internet and social media law, including Canada’s Anti-Spam Legislation (“CASL”), online privacy, online defamation, cyberbullying and cyber-security. As a member of Miller Thomson’s CASL Advisory Group, she assists her clients with developing and implementing practical policies and procedures for complying with CASL.
Preparing for Canada’s Anti-Spam Legislation: Conducting a compliance auditMatt Vernhout
Canada’s Anti-Spam Legislation establishes complex new rules for anyone sending email or other forms of electronic messaging, which is reinforced with significant penalties for non-compliance. Now that regulations under the legislation are nearly finalized, it is time for organizations to begin preparing by conducting an audit of existing and future practices, identifying risks, and developing a compliance program.
Originally presented at the 2013 IAPP Canada Privacy Symposium held in Toronto, On on May 23, 2012
Canadian Anti-Spam Legislation (CASL) OverviewKen Knitter
High-level overview of the Canadian Anti-Spam Legislation (CASL) for marketers and communicators. Provides a simplified Commercial Electronic Message (CEM) requirements map. The presentation also provides a manual process for managing unsubscribe requests across decentralized contact lists.
While we (marketers) were shoring up our social and mobile strategies over the last 5+ years, something happened: Email had a renaissance. Driven largely by our always present smartphones and Inbox FOMO (fear-of-missing-out), we are consuming more email at all times of day in all sorts of places. These trends provide massive opportunities for marketers to capitalize on this tried and true digital tactic, but most brands are still doing the same old one-size-fits-all campaign.
In this half-day workshop, you’ll learn how to ask the right questions related to your strategy, generate insights for effective campaigns and additional marketing channels, and delivery great campaigns for our subscribers.
Key takeaways include:
Latest trends and stats on email marketing.
How to perform effective email audits.
How to select email marketing/marketing automation providers.
How to build effective email workflows with your organization/agency.
How to leverage modern web tools to create kickass emails.
How to develop short and long-term communications plans with subscribers.
How to determine the email metrics that matter.
What does the future look like for email?
Canada's Anti-Spam Legislation (CASL): Everything You Need to Know | ZoomInfoZoomInfo
Beginning on July 1, 2014, organizations will generally be required to have prior consent to email intended recipients protected under Canada’s Anti-Spam Legislation (CASL). Check out this presentation by ZoomInfo and learn how CASL is going to change the way the business world communicates electronically with recipients accessing their messages in Canada and steps you can take to help keep your organization out of trouble.
Canada's New Anti-Spam Legislation (CASL): What You Need to Know Webinar | Zo...ZoomInfo
As of July 1, 2014, organizations will generally be required to have prior consent to email intended recipients protected under Canada’s Anti-Spam Legislation (CASL) with steep fines for violators. In this webinar, learn how CASL is going to change the way the business world communicates electronically with recipients accessing their messages in Canada and steps you can take to help keep your organization out of trouble.
Learn more about the anti-spam laws like CAN-SPAM and CASL. Find out how these laws impact your emails in this free 30-minute webinar. We’ll explain why opt-in lists are better for your email marketing and tips on how to create your email to avoid spam filters. This webinar is geared toward intermediate attendees.
The new anti-spam legislation took effect July 1, 2014. Find out what this means for your business by viewing our presentation created by Shaun Brown LLP.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
SMByyc Presentation on Canada's Anti-Spam Legislation (CASL)
1. About Jeff Kahane
• Was a teacher prior to becoming a lawyer
• Practicing law for 13 years
• Legal department of Canadian Pacific Limited (the former parent
corporation of CP Rail, CP Hotels, Fording and CP Ships)
• Ernst & Young’s affiliate law firm Donahue, Ernst & Young
• Kahane Law opened February 2004
• Currently a full service law firm with 9 lawyers
Also looks
like this
2. About Kahane Law Office
• Full service law firm
• Experienced staff of lawyers provide legal assistance in the areas of:
• Real Estate Law
• Civil and Commercial Litigation
• Wills and Estates
• Employment/ Labour Law
• Powers of Attorney
• Corporate Services
• Family Law
• Immigration Law
3. Email Scams
• Nigeria 419 Scam
• Ever received an email from a Nigerian Prince, asking for your
support to help him ascend to the throne, for which you will be
rewarded with riches beyond your wildest imaginations?
• This scam leads to Australians being conned out of more than $36
million / year
• Inheritance of a close family member
• Viagra anyone…
4. Email Spam
• Clogging the Internet
• Approximately 250 to 300 Billion emails sent each day
• Spam accounts for 75% - 90% of all email traffic (according to
Industry Canada)
• In the time it takes to read this sentence 20,000,000 emails were sent
• Estimated that the average North American office worker spends 11.2
hours per week reading and answering emails
5. Email Threats
• Spam delivers other threats
• Spam-born viruses used to access large numbers of target
computers, allowing spammers to operate networks of zombie
computers (botnets) to send the spam without the computer owner’s
knowledge
• Spam is the main vehicle for delivering online threats (spyware,
malware, and phishing)
6. Email Scams - Impact
• These online threats:
• Encourage frauds and thefts
• Diminish confidence in the online marketplace
• Congest networks
• Interrupt commerce
• Reduce the stability of the internet and on-line services
• Threaten personal privacy
7. Anti-Spam Legislation Worldwide
• Most industrial nations have had anti-spam legislation for over a decade
• Japan (since 2002)
• USA (since 2003)
• UK (since 2003)
• China (since 2005)
8. Anti-Spam Legislation in Canada
• Canada has taken longer because the government has decided to create
anti-spam legislation much stronger than other industrial nations
• But did they go too far?
9. Anti-Spam Legislation in Canada
• Canada’s Anti-Spam Law (“CASL”) is actually titled:
• “An 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, and to amend
the Canadian Radio-television and Telecommunications Commission
Act, the Competition Act, the Personal Information Protection and
Electronic Documents Act and the Telecommunications Act (S.C.
2010, c. 23)
• For our purposes, we’ll use the unofficial short title: “Canada’s Anti-Spam
Legislation”, or “CASL”
10. What Does CASL Regulate?
1. The sending of electronic messages without prior consent
2. Altering transmission data without express consent
3. The installation of a computer program on another person’s computer
system without express consent
4. The use of false or misleading representations and deceptive marketing
practices for on-line promotions
5. Collection of personal information through access to computer systems
6. Collection of personal information for identity theft
Today – only e-mails / e-messages
11. Will CASL be Effective?
• The goal of preventing spam and online threats has huge support, BUT
will it stop the spam???
• China supposedly has a death penalty for sending spam but it
doesn’t seem to stop spammers
• USA has had anti-spam legislation since 2003, yet is currently
considered the world’s worst spam-producing country, followed
closely by China
• Concern that CASL will only catch legitimate businesses unaware of the
legislation or that they are violating it
• Criminals and unethical individuals are unlikely to be deterred by
anti-spam laws
12. Why Take CASL Seriously
1. It regulates email, not spam
2. Three Federal agencies are enforcing it
3. Huge potential fines
4. Private prosecutions
13. CASL: Why Too Far?
• Description of a Commercial Electronic Message (“CEM”) is too broad;
• Regulates email and spam and blogs and tweets and electronic
newsletters (i.e., NOT just spam)
• Opt-in consent is too onerous;
• Too short a time period to obtain consents
• December 4, 2013 to July 1, 2014
• Social media changes much faster than laws – CASL will create
unintended violations
14. CASL: Why Too Far?
• IT-dependent
• Smaller organizations can’t afford extensive IT solutions
• Potential for enforcement against ethical, law-abiding individuals and
organizations
• But won’t deter a criminal in a foreign unregulated country
• Three Federal agencies enforcing
• Broad enforcement and risk of overlap between agencies
• Private right of action
• An extraordinary remedy
15. CASL Timeline
• Royal Assent – December 2010
• Regulations publicly presented – December 4, 2013
• Majority of CASL comes into force on July 1, 2014
• Window of opportunity to become compliant is very short
• Provisions related to computer programs come into force – January 15, 2015
• Private right of action comes into force – July 1, 2017
• Implied consent expires – July 1, 2017
16. Does CASL Apply to You?
• Anti-spam provisions are very broad
• CASL has the potential to impact any individual or organization in Canada
that sends electronic messages to an electronic address (i.e., business,
consumer, individual)
• *Threshold Issue: Is it a Commercial Electronic Message (“CEM”)
18. What Are
Commercial Electronic Messages
• A CEM is an electronic message that, considering:
• the message’s hyperlinks to a website,
• the message content, and
• the sender’s contact information in the message,
• it would be reasonable to conclude the CEM has, as one of its purposes,
to encourage participation in a commercial activity, including marketing,
advertising, or promotions. (S. 1(2))
19. Commercial Electronic Messages
• CASL focuses on the message, NOT on the sender
• Threshold issue is whether it is “commercial”
• Commercial activity includes any conduct of a commercial character
whether or not it is “in the expectation of profit”
20. All CEMs Must Have 3 Main Things
1. Consent Requirements
2. Information Requirements
3. Unsubscribe Mechanism
21. Requirement 1: Consent
• Sender MUST have recipient’s express or implied consent
• Onus is on the sender to prove consent was obtained (for both written
and oral consent)
• CASL does NOT allow opt-out consents (includes pre-selected toggles)
• CRTC requires a positive or explicit indication of consent (i.e.,
providing an email address or checking a toggle box)
• Previous consents will NOT satisfy CASL
22. Requirement 1: Consent
• Sender must have express consent for each act contemplated under
CASL
• Consent cannot be hidden within the “fine print” (i.e., in the terms and
conditions of use or other types of consent such as privacy) – it MUST be
distinct and “conspicuously published”
23. Requirement 1: Consent
• As per the CRTC Regulations:
• May request express consent orally OR in writing, or a combination of
both
• Oral consent must be verified by an independent 3rd party
• Or a complete, unedited recording must be retained
• Both paper and electronic forms allowed for written consent
• Electronic forms must record date, time, purpose, and manner of the
consent
24. Requirement 2: Information
• Must clearly identify the purpose of the consent
• Sender must clearly identify her/himself and any party the message is sent
on behalf of
• Sender must include contact information (name, company, mailing
address, phone number, and email)
• Recipient must be clearly informed of the right to unsubscribe from
receiving future messages
25. Requirement 3: Unsubscribe
• Must set out an electronic unsubscribe process or address, or link to an
“unsubscribe” page
• Must be given effect within 10 days following receipt
• Must be effective for 60 days
• Must be at no cost to recipient
• Must allow recipient to advise sender to stop sending electronic messages
• Must be clearly and prominently set out in message
26. Transitional Period for Existing
Relationships
• CASL allows implied consent for a 3 year transitional period for parties
already in an existing business or existing non-business relationship
• Implied consent is only okay until July 1, 2017 for these existing
relationships After this date you will require express consent from these
individuals/ organizations
27. Implied vs. Express Consent
• Implied Consent: Is inferred from signs, actions, or facts
• Express Consent: Is communicated either orally or in writing
28. Implied Consent:
Existing Business Relationships
• An “Existing Business Relationship” is deemed to exist if in the two
years prior to sending the CEM, the recipient had a business relationship
with the sender arising from:
• The bartering of anything in the previous 2 years
• Acceptance of a business, investment, or gaming opportunity offered
by the sender
• A written contract between sender and recipient of the CEM was in
existence any time in the previous 2 years prior to sending the CEM
• The purchase or lease of a product, goods, a service, land, or an
interest or right in land from the sender
29. Implied Consent: Existing
Non-Business Relationships
• There is implied consent to send a CEM where there is an “existing non-
business relationship” where:
• Sender is a registered charity, political party, or candidate for office,
and recipient made a donation or performed volunteer work in the
preceding two years
• Sender is a club, association, or voluntary association, and recipient
has been a member in the preceding two years
30. Exceptions (to Consent, Information and
Unsubscribe Requirements)
• Law enforcement, public safety, conduct of international affairs, or
protection of Canada
• Person to person if existing “family relationship” or “personal relationship”
• Messages sent to a person engaged in a commercial activity containing
an inquiry or application regarding that activity
• Internal messages within an organization where the messages concern
the activities of the organization
31. Exceptions (to Consent, Information and
Unsubscribe Requirements)
• Messages sent from one organization to another where there is a
relationship and the message concerns the activities of the organization
• Messages sent in response to a request, inquiry, or complaint, or
otherwise solicited by the recipient
• Messages sent in regard to legal or judicial orders, rights, or obligations
• Messages sent to a secure, confidential, limited-access account such as a
message sent by your bank to your electronic bank account
32. Exceptions (to Consent, Information and
Unsubscribe Requirements)
• Messages sent to a foreign state so long as you comply with that state’s
anti-spam law
• Canadian registered charities will have a limited exemption where they
send an electronic message primarily for fundraising purposes, BUT NOT
for other purposes
• Messages sent by political parties or politicians to solicit political
contributions
33. Consent Exceptions
• A message that responds to a requested quote or estimate
• A message that facilitates, completes, or confirms a commercial
transaction previously agreed to
• A message that provides warranty information, product recall information,
or safety information about goods or services purchased
34. Consent Exceptions
• Factual information about an ongoing purchase of goods or service
offered under a subscription, loan, membership, or similar relationship
• Information directly related to an employment relationship or benefit plan
• A message about product, good, or service upgrades or updates
35. Exceptions to Consent (BUT Information
and Unsubscribe Requirements Remain)
• A message to a recipient who conspicuously published their electronic
address (e.g., business card, website, etc.) and the message is relevant to
their business
• A message to a recipient who disclosed their electronic address (e.g., in a
conversation or letter) and the message is relevant to their business
• A message sent to a referral from a common contact but only the first
CEM
36. Social Media Exemption
• A CEM that is sent and received on an electronic messaging service IF
the information and unsubscribe mechanism are conspicuously published
and readily available on the user interface, and the person to whom the
message is sent consents to receive it either expressly or by implication
37. The Scary Part If You Do Not
Comply
• Complaints to Anti-Spam Reporting Centre
• Private Actions
• Class Actions
• Cost, effort, and potential embarrassment defending a prosecution
• Reputation/PR risk
• Extended liability to officers, directors, and others
38. Non-Compliance Penalties
• Penalties focus on economic disincentives
• Fines (what CASL calls “Administrative Monetary Penalties” (“AMPS”)
• For individuals: Up to $1 million / violation
• For corporations and others: Up to $10 million / violation
• Private right of action (i.e., Class Actions) as of July 1, 2017
• Including the right to statutory damages to a maximum of $1,000,000
($200 for each message sent) PER DAY
39. Extended Liability
• Extends to any person who “acts, induces, or procures a prohibited act”
• Extends to officers and directors if they “directed, authorized, acquiesced
to, or participated in the offending conduct”
• Employers are liable for acts of their employees acting within the scope of
their authority
40. Defences
• DUE DILIGENCE DEFENCE
• Must be able to demonstrate that your organization has taken proactive
steps to establish policies and procedures to ensure CASL compliance
and properly monitor and enforce those policies
41. Due Diligence Is Critical
• “A person must not be found to be liable for a violation if they establish
that they exercised due diligence to prevent the commission of the
violation” (s. 33(1))
• “A person must not be found to have committed a contravention … [of
CASL] … if they establish that they exercised due diligence to prevent the
contravention or conduct …” (s. 54)
42. 5 Steps To Prepare For July 1, 2014
1. Conduct a CASL Audit
• First, identify what electronic messages your organization sends
(emails, Christmas cards, marketing materials, Twitter and Facebook
accounts, etc.) and to whom (i.e., suppliers, customers, contacts,
potential clients or customers, etc.)
• Then, once you’ve completed all of your CASL compliance steps, go
back and double check that nothing has slipped through the cracks
43. 5 Steps To Prepare For July 1, 2014
2. Develop CASL Compliance Policies
• Develop an internal policy
• Conduct in-house training for staff
• Develop a website CASL compliance statement
• Update your privacy policies
• Note: These steps are critical – remember the “due diligence”
defence: A person must not be found liable for a violation or
contravention if they establish that they exercised due diligence
to prevent the commission of the violation or contravention.
44. 5 Steps To Prepare For July 1, 2014
3. Obtain consents
• Send an email to all of your current contacts requesting consent to
send CEMs
• Address “Consent, Information, & Unsubscribe” requirements with
any 3rd party who sends out CEMs on your behalf
• Prepare consent forms to use for new contacts and customers and
then use them for each new contact/customer
• Insert consent requests into all relevant documentation (contracts,
marketing materials, responses to quotes, on-line forms, etc.)
• Create a record keeping system to record consents and unsubscribes
45. 5 Steps To Prepare For July 1, 2014
4. Provide the Required Information
• Include your name and contact information and the information of any
party the CEM is sent on behalf of in every email and electronic
message
• Include an “unsubscribe statement” in every email and electronic
message
• Include an “unsubscribe mechanism” in every email and electronic
message (even if it is just a statement saying they can unsubscribe by
replying and typing “unsubscribe” on the subject line)
46. 5 Steps To Prepare For July 1, 2014
5. Unsubscribe Mechanism
• Create systems or IT solutions to ensure unsubscribe requests
actually take effect within 10 days of receipt
• Keep records of unsubscribes
47. Keep In Mind…
• Now is the time to prepare to obtain consent electronically
• After July 1, 2014 it will be an offence to send an email to get consent
• Remember that many of the requirements are IT dependent
48. Additional Resources
• Government of Canada CASL website
• www.fightspam.gc.ca
• CRTC website on Canada’s new Anti-spam Legislation
• http://www.crtc.gc.ca/eng/casl-lcap.htm
49. Jeffrey V. Kahane
Kahane Law Office
7309 Flint Road S.E.
Calgary, AB T2H 1G3
(E) jkahane@kahanelaw.com
(P) 403.225.8810
LinkedIn: http://www.linkedin.com/in/jeffkahane