Employers should be aware that a provision of Canada’s Anti-Spam Legislation ("CASL") is coming into force on January 15, 2015 which may have an impact on employers’ bring your own devices ("BYOD") policies.

Section 8 of CASL prohibits a person from installing or "causing to be installed", in the course of commercial activity, a computer program on any other person’s computer system without express consent.

While there may be theories for asserting that CASL does not apply, given the significant penalties associated with non-compliance, employers who install software on employee personal devices in the course of administering BYOD policies should turn their minds to compliance.