Things to know
- Canada’s Anti-Spam Law (known as CASL) is likely the most comprehensive e-messaging law in the world.
- CASL applies to “commercial electronic messages” (CEM), which is defined very broadly to include almost all email, SMS, instant messaging and at least some social media communications sent for a commercial purpose.
- CASL applies to messages received in Canada (even when the sender is outside Canada) and messages sent from Canada.
- Penalties for non-compliance include fines of up to CAD $10,000,000 per violation (e.g., per message)
Things to do
- Establish which lawful authority (such as consent, an exemption to consent or a full exemption) can be used to send a CEM to Canadian recipients.
- If requesting express consent, ensure that your request complies with CASL’s prescriptive form and content rules.
- Ensure that the content of any regulated message complies with CASL’s disclosure and unsubscribe requirements.
- Implement a corporate compliance plan.
- Honour any unsubscribe request without delay, but in any event, no later than 10 business days after receiving it.
- Document your approach to compliance. Electronic messaging Need more info? Osler’s Privacy team can help. Find out more at osler.com/dataprivacy
Canada Company Registration
Company Formations Canada offers fast and easy company registration in Canada for non-Canadian residents and foreign companies wishing to operate and do business in Canada.
Register a new company in Canada as a non-Canadian resident
https://companyformations.ca/canada-corporations-non-canadian-residents/
Register a foreign company in Canada
https://companyformations.ca/extra-provincial-corporations-licence-outside-canada/
Canada Registered agent services for foreign companies and non-Canadian residents.
https://companyformations.ca/canada-registered-agent-service/
Canada Nominee director services for foreign companies and non-Canadian residents.
Shared from: Osler, Hoskin & Harcourt llp Publication
