Anti-spam Legislation

TWEET: Canada soon to adopt anti-spam legislation with stiff penalties.

OTTAWA, Canada

Canada is getting tough on restricting unsolicited spam with new legislation that can result in $1 million fines for individuals and $10 million fine per violation for corporations.

The CASL (Canadian Anti-Spam Legislation) is likely to take effect this fall. As it stands a U.S. firm can send electronic marketing messages to anyone, including Canadian residents, without permission, unless and until the recipient opts out by expressly notifying the sender that they do not want to receive such messages, explains Lani Barnes, an attorney specializing in intellectual property and technology law.

“Once CASL goes into effect, companies will not be allowed to send any commercial electronic message (CEM) to any person or business in Canada without the prior express or implied consent of the recipient, unless the CEM falls within one of the limited exceptions to the new law,” said Barnes who works for Robinson, Bradshaw & Hinson, a Charlotte North Carolina law firm.

As a result, companies and individuals that use electronic marketing to reach customers or potential customers in Canada should start preparing for the new legislation now by developing and implementing compliance programs in order to ensure that they have the appropriate consent from each recipient, she advises.

“Penalties for violating CASL can be severe and directors and officers may be held personally liable for their company’s violation,” said Barnes.

LinkedIN: Assess the impact of Canadian anti-spam legislation on your retail operation.

Editor | Publisher | Consultant | Freelance Writer Dan is the founder of Tea Journey magazine and a contributing editor at STiR coffee and tea. He is the former editor and publisher of World Tea News, and a contributor to Fresh Cup, Specialty Coffee Retailer, and CoffeeTalk. His personal blog is In 2012 Dan supervised the successful re-launch of Tea Magazine where he was editor and publisher. This followed two years as editor and publisher of World Tea News. Dan has traveled widely, speaking on retail beverage trends in Canada and the United States at conferences in Dubai, UAE, Global Dubai Tea Forum (2016) and GDTF (2012 and 2014); World Tea Expo (2011-2015-2016); Canada Coffee & Tea Show (2011); Coffeefest; World Tea East and presented at the Tocklai Tea Research Institute Centennial, Jorhat, Assam (2011). He addressed the India International Tea Convention in Goa, India (2012). Dan is addressed COTECA conference attendees in Hamburg, Germany in September 2016, presented at the Xiamen Tea Fair in China, the DMCC Tea Centre hosted Global Dubai Tea Forum in 2016 and the Puer Specialty Coffee Forum hosted by the Yunnan Coffee Exchange in 2019.