IP Update

Anti-Spam Legislation’s Private Right of Action Suspended

by Jennifer Ponton

With less than four weeks before the scheduled coming-into-force date, the Government announced on June 7 that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised by businesses, charities and the not-for-profit sector. The private right of action would have allowed affected individuals to bring lawsuits against organizations and their officers, directors and agents for alleged CASL violations, and to claim compensatory damages, as well as statutory damages in the amount of $200 per contravention up to a maximum of $1 million for each day on which a contravention occurred.

CASL otherwise remains in force and complaints may continue to be investigated by the Canadian Radio-television and Telecommunications Commission. In particular the deadline for companies to transition from implied consent to express consent remains in place for July 1st.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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