CASL Now in Force

You may be tired of hearing about CASL, and tired of getting the consent requests that people were sending out before July 1. The pre July 1 scramble was done because sending an email to request consent is now itself considered spam. But we may still see requests, which can be sent if the recipient fits into one of the exceptions.

In hindsight, I wish I had kept track of the number of consent requests I got, how many of those were not technically compliant with CASL, and how many were from entities I’d never heard of that were just trolling for contacts.

There are uncertainties over the interpretation of many parts of CASL, but it can’t be ignored. Businesses need to do the best they can to comply and demonstrate diligence. CASL compliance will be an iterative process over time as the interpretation hopefully becomes more clear. While the CRTC will no doubt focus on real spammers, anyone can complain, and you never know who they might choose to make an example of. Don’t set yourself up to be that example.

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