Canada’s anti-spam rules (CASL) are amongst the most stringent in the world. Since it came into force on July 1, 2014, $1.5M in fines have been levied. Some of the fines were originally much larger, but were reduced as part of the investigation. We spoke about the overview of CASL (Canadian Anti-Spam Legislation) in here. In this post, we review the 7 fines the CRTC has imposed thus far, and what we can learn from them.
- Emails that are “conspicuously published” do not necessarily qualify as implied consent. You can not simply scrape the internet for published email addresses and begin an email marketing campaign.
- The burden of showing “proof of intent” lies on the sender of the email. You have to maintain detailed records proving that consent was received
- Simply meeting some of the CASL requirements is not sufficient, such as having an unsubscribe link at the bottom of the email. You have to meet all the requirements, and be able to prove that you are compliant against all of them. See here for a list.
- Even individuals can be sued, not just companies. The latest $15,000 fine imposed on William Rapanos was the first time that CASL applied to an individual.
- Thus far, all actions have been taken by the CRTC based on complaints they receive. As of July 1st 2017, individuals will have the right to take action privately! There may be plenty of lawyers working on contingency trying to enforce this rule.
First are foremost, it is important to make sure you have the processes in place to be compliant with the CASL regulations. It is also prudent to make sure you are insured against inadvertent violations of CASL regulations. Contact Zensurance if you want to explore your CASL insurance options.
Zensurance is Canada’s leading online commercial insurance broker. We offer a full range of insurance products to small businesses, with a particular focus on digitizing businesses and technology startups. We understand what it is to work with new technology, and know the most common risks of which you should be aware. Based on that (and a lot of analytics), we recommend the ideal insurance coverage for your business.