Hold that FINE: CASL is still a Beast: Just less bite when it comes to email.
On Friday the CTV published this article.. about the indefinite postponement of the private rights provision regarding email in CASL. And for the small to medium business, I’m sure you are all breathing a sigh of relief.
the article above by Sonja Puzic, CTVNews.ca Staff Writer Published Friday, June 30, 2017 6:30AM EDT
Taking the teeth out of Canada’s anti-spam law private right of action provision is the best case scenario. Anti-Spam is a fact of life, almost every country has a solid law in place, our law here in Canada had the biggest bite. Now that a part of it is on hold, businesses, charities and not-for-profits can breathe a little easier. Hear me out!
In the original law the the private right of action could cost a business up to $200 for each electronic message that violates spam rules, up to a $1,000,000 per day. That thought alone could cause many businesses to consider NOT using email at all!
For now and the foreseeable future we are not going to be hit with fines from anyone who may be unhappy with email. This is NOT a license to send email it should be considered a chance to really pay attention to how we use email marketing and make a point of communicating in a timely and value added fashion.
Government of Canada suspends lawsuit provision in anti-spam legislation
June 7, 2017 – Ottawa – Innovation, Science and Economic Development Canada
The Government of Canada is suspending the implementation of certain provisions in Canada’s anti-spam legislation (CASL) in response to broad-based concerns raised by businesses, charities and the not-for-profit sector.
The provisions, known as private right of action, would have allowed lawsuits to be filed against individuals and organizations for alleged violations of the legislation.
The provisions were scheduled to come into force on July 1, 2017, but have now been suspended.
Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation.
The Government supports a balanced approach that protects the interests of consumers while eliminating any unintended consequences for organizations that have legitimate reasons for communicating electronically with Canadians.
For that reason, the Government will ask a parliamentary committee to review the legislation, in keeping with the existing provisions of CASL.
“Canadians deserve to be protected from spam and other electronic threats so that they can have confidence in digital technology. At the same time, businesses, charities and other non-profit groups should have reasonable ways to communicate electronically with Canadians. We have listened to the concerns of stakeholders and are committed to striking the right balance.”
– The Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development