Canada’s anti-spam legislation (“CASL”) will likely not come into force until 2013. Once revised draft regulations are released by Industry Canada, a consultation period is expected to follow. A grace period is also anticipated before CASL comes into force.
Not only do domestic organizations need to be aware of CASL, but foreign organizations as well since CASL applies to any person who sends commercial electronic messages from or to Canada. The CASL regime is different from the United States’ The CANSPAM Act of 2003 (“CAN-SPAM”) regime. One main difference is that CASL operates in an opt-in fashion, while CAN-SPAM operates in an opt-out fashion. For information on how to prepare for CASL, please click here.