Hidden Risks in the new CASL (Anti-Spam) Legislation: TechNOW -- with Tim Graham, President & CEO OTC Group, & David Canton, Harrison Pensa LLP
September 22, 2014
TechNOW -- with Tim Graham, Pres., OTC Group, & David Canton,... youtu.be
John Reid, CATA CEO interviews Messrs, Graham and Canton on the risks inherent in the new CASL (Anti-Spam) legislation.
Perhaps the most difficult compliance challenge arising from CASL – the new Canadian anti-spam law – is how to deal with one-off emails sent by individual employees.
CASL requires either express consent, or one of a complex series of implied consents, before you can send email that is even slightly promotional in nature. Just 1 non-compliant email sent by 1 employee can put a business at risk for significant sanctions, including multi-million dollar fines, personal director and officer liability, and starting in 2017 private rights of action including class action suits. The onus is on the sender to prove compliance, so records must be kept to show how and when express consent was obtained, or how the recipient fits into an implied consent category. The email itself must contain specified contact info and an unsubscribe mechanism.
That is a lot to expect any employee to understand, let alone comply with, regardless of how much training they get.
Interested in CASL Cure? then please review at this URL: http://www.caslcure.com/
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