Here we are. It’s officially the end of CASL’s grace period. A lot of ink has been spilled since the announcement of the Law enforcement and a lot of information was said about it, true and false. Over time, we kept you informed of the impacts and implications of the Law for your business. If you haven’t had the chance to read it, here’s a recent article informing you of the repercussions already felt by the implementation of the Law, and the important points to follow in order to comply.
What changes after July 1st, 2017?
Truth be told…not much. The end of the transition period on July 1st, 2017 brings some changes but the big majority of them are already in effect since 2014.
Simply remember that you must now be able to prove the implied or express consents for sending emails for each of your contacts. The Law had provided 3 years to allow you to collect consents for all relationships existing before July 1st, 2014. It is therefore expected that regulators will be already more severe this summer.
Suspension of the private right of action
As of July 1st, it was expected that the Law would implement the private right of action. This provision would ensure that individuals would have the right to bring direct legal actions against email senders that would not comply with the Law. However, there is some doubt about the usefulness of this particular provision in the anti-spam fight in Canada and some argue that it would rather be a threat to companies trying to sell their product through digital marketing. This is in addition to the fact that the Law is already undermining the competitiveness of Canadian businesses in America since other countries are not subject to such severe legislation. Therefore, some believe, that the CRTC, the Competition Bureau and the Office of the Privacy Commissioner should continue to be the only regulatory agencies responsible for the administration of the Law.
In response to these concerns, the Government of Canada announced last week, with a press release, its decision to suspend the application of the private right of action provisions.
You do not yet have a consent center to manage your emails? Dialog Insight can support you in analyzing your situation and setting up the necessary tools. Contact our team to discuss your needs.
For legal advice, please refer to a lawyer or the legal department of your organization.