CRTC reports on CASL consultation

The CRTC recently published a Report on the Informal Consultation of 25 February 2013 among Industry and Consumer Groups and CRTC Staff on Canada’s Anti-Spam Legislation. The consultation followed the Commission’s release of guidelines on CASL.

The objective of the informal consultation “was to facilitate a focused conversation and gather useful information regarding issues that businesses and consumer groups foresee when CASL comes into force.” The discussions focused on six topics:

  • Proof of consent
  • Section 66 of CASL and the three-year transitional period
  • Obtaining consent to send a commercial electronic message (CEM) – seeking consent for affiliates
  • Prescribed information in a CEM – “on behalf of”
  • Installation of computer programs

The report summarizes some of the concerns raised by participants. It does not purport to provide any solutions to any of the problems raised. The two conclusions from the meeting, according to the CRTC, are that there “is no one-size-fits all answer that will assist every business in complying with CASL, as context is critical to an appropriate interpretation in the circumstances of each case” and businesses “require assistance in the form of greater clarity on certain provisions of CASL”.

The CRTC intends to use the feedback from the session to “inform future compliance and communications materials for the purpose of assisting businesses in complying with the legislation, and empowering consumers to protect themselves.” According to the Commission “The information that was gathered at this session will be taken into consideration by CRTC staff when preparing future compliance and communication material to assist businesses in implementing compliance measures in the months prior to the coming-into-force of CASL.”

 

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