• Canada’s Anti-Spam Law (CASL) applies to Software January 15
  • March 5, 2015 | Author: Margot E. Patterson
  • Law Firm: Dentons Canada LLP - Ottawa Office

  • Earlier this year we told you that Canada’s Anti-Spam Law (CASL) is not just for Canadians.

    CASL is also not just about spam. Effective January 15, 2015, CASL applies to the installation of “computer programs” - software, apps and other programs - on the computer or device of another person. This affects software vendors, app developers, gaming and entertainment companies, and others that are in the business of providing software to businesses and individuals in Canada.

    Like CASL’s spam provisions:

    the software provisions apply where a Canadian is the recipient - in this case, the recipient of the software, app, or other program;
    the regime is based on “express consent”, as defined by the legislation; and
    significant administrative monetary penalties (maximum $10 million) can be levied for non-compliance.

    Our overview presentation walks through CASL’s application to computer programs.

    Other resources published by the Canadian Radio-television and Telecommunications Commission (CRTC):
    • CASL Requirements for Installing Computer Programs; and
    • Guidelines to help businesses develop corporate compliance programs - Compliance and Enforcement Information Bulletin CRTC 2014-326