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Breaking New Ground Understanding CASL: the new anti-spam law Presented by Jonathan MacKenzie, LL.B on behalf of Kaleidoscope Consulting.

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Presentation on theme: "Breaking New Ground Understanding CASL: the new anti-spam law Presented by Jonathan MacKenzie, LL.B on behalf of Kaleidoscope Consulting."— Presentation transcript:

1 Breaking New Ground Understanding CASL: the new anti-spam law Presented by Jonathan MacKenzie, LL.B on behalf of Kaleidoscope Consulting

2 Introduction Aluvion Law The Motivation Behind CASL

3 Current State of the Law in Canada Personal Information Protection and Privacy Act (PIPEDA) Introduction of CASL

4 Overview of CASL Application: “electronic messages,” “commercial” Exceptions: personal/family messages, B2B inquiries, consensual e-mails “Opt-in” & Consent: CASL’s “opt-in” regime, implied consent (existing business relationships, published or disclosed addresses)

5 Overview of CASL (2) Content-Based Requirements (identification & unsubscribe mechanism) Amended Competition Act Offence (false & misleading contents/subject line) Enforcement (CRTC, fines, criminal charges, and private actions)

6 Differences With CAN-SPAM USA’s Controlling the Assault of Non- Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) Opt-in vs opt-out

7 Third-Party E-Mail Services “Best Practices” guides Mail Chimp Constant Contact

8 Tips & Advice “Scrub” your lists! Build new lists Err on the side of caution Begin qualifying your lists now

9 Thanks for your participation. If you or your business have any further questions about CASL or any other legal issues, please do not hesitate to get in touch! Jonathan MacKenzie T: 416.703.6464 F: 416.221.8928 E: jonmackenzie@aluvionlaw.com


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