If you have a strong communications component to your
business (and let's face it, who doesn't), you'd better take note. Canada is
attempting to get rid of all those pesky spam e-mails and text messages through
Canada's Anti-Spam Legislation ("CASL"), which is slated to come into effect in
This new legislation is somewhat contentious as it has
been criticized as being too broad and vague, which could detrimentally affect
how businesses communicate with their actual and prospective clients. CASL
targets "any electronic message" that is sent "for business purposes", which
could extend to e-mails, instant messages, text messages and possibly even
Facebook and Twitter messages. As you can see, CASL's reach could be quite
Generally, if you have an existing business relationship
with an entity, your business' messages won't be caught by CASL. However, be
careful if an official business relationship does not exist. Consent to receive
the messages is critical and opt-out clauses are unlikely to suffice.
Stay tuned for developments on this.
View more from Canada Fashion Law.
Follow Ashlee Froese on Twitter at @BrandFashionLaw.
(c) Ashlee Froese, 2013. All rights reserved.
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