CRTC releases new CASL FAQs

May 8th, 2014 by Barry Sookman Leave a reply »

Earlier today, the CRTC released a new set of FAQs related to CASL. The topics covered are set out below.  I will be providing comments on these FAQs in subsequent blog posts.

Coming Into Force

When does the legislation come into force?Will the coming-into-force dates and the compliance date be different?

Transition

Once the law comes into force, how does it affect consent?

Liability

What are the penalties for committing a violation under CASL?Can directors and officers be liable too?

Sending Messages

General

Does the legislation prohibit me from sending marketing messages? When does section 6 of CASL apply?

What is a commercial electronic message?

What is an electronic address?

Does section 6 of CASL apply to messages sent outside of Canada?

Does section 6 of CASL apply to messages sent by non-profit organizations?

Does section 6 of CASL apply to messages sent by political parties and candidates?

Does section 6 of CASL apply to messages sent by friends or family members?

Does a “personal relationship” apply to social media contacts?

Does section 6 of CASL apply to commercial electronic messages (CEMs) sent between persons within an organization or sent between organizations?

Do the CRTC information bulletins create new legal requirements?

Consent

There are three general requirements for sending the CEM to an electronic address. You need (1) consent, (2) identification information and (3) an unsubscribe mechanism. The questions under this heading relate to the first requirement, namely consent. There are two types of consent under CASL – express and implied.

How can I obtain express consent?

Can I use pre-checked boxes in order to obtain express consent?

How do I show that I have consent to send a commercial electronic message?

Do I need consent to send a commercial electronic message following a referral?

Someone gives me a business card: Is that clear consent to add them to my distribution list?

Does section 6 of CASL apply to messages sent to my membership?

Identification

There are three general requirements for sending a commercial electronic message (CEM) to an electronic address. You need (1) consent, (2) identification information and (3) an unsubscribe mechanism. The questions under this heading relate to the second requirement – identification information.

What if I am sending messages on behalf of someone else, including affiliates?

I conduct my business from home. Do I need to disclose my home address to fulfill the identification requirements?

I have a limited amount of characters that I can use when sending a message using a given messaging service (e.g., SMS text message).

What should I do if I cannot include all the required information in the commercial electronic message (CEM)?

Unsubscribe

There are three general requirements for sending a commercial electronic message (CEM) to an electronic address. You need (1) consent, (2) identification information and (3) an unsubscribe mechanism. The question under this heading relates to the third requirement – unsubscribe mechanism.

What is an unsubscribe mechanism?

Installing Computer Programs

When does section 8 of CASL apply?

What must I do to obtain valid express consent to install a computer program?

What about cookies?

Can you provide more information about the specified computer programs addressed in section 6 of the Governor-in-Council Regulations?

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