The communications prohibitions in Canada’s sweeping Anti-Spam Legislation (CASL) prohibit, unless exempt, a person from sending a “commercial electronic message” without the consent of the recipient. On January 15, 2015, further prohibitions relating to the installation of computer programs came into force.
CASL imposes significant compliance hurdles for traditional software providers due to its regulation of programs “installed” on a computer system. However CASL does not appear to regulate software-as-a-service to the same extent, and so CASL appears to favour the cloud-computing service business model and supports the expanded adoption of cloud computing in Canada.
Broadly, the software prohibitions in . . . [more]