CASL has sharp teeth; penalties for violations can range from up to $1 million for individuals and $10 million for companies.
The law is not limited to just Canadians; it takes effect any time a Canadian computer is used to access the email (any commercial electronic message). So, if you’re in the U.S. or overseas, but your email newsletter also goes to recipients in Canada, then all these rules apply.
According to one CRTC official “If the spammer is offshore, we have the ability under the law to cooperate with foreign governments, to share information and to bring proceedings together against individuals that are offshore.” While the likelihood of the CRTC seeing through offshore proceedings is questionable, the risk is real for those overseas who flout CASL’s rules.
There are three government agencies tasked with enforcing CASL: Competition Bureau of Canada, Office of the Privacy Commissioner of Canada, & Canadian Radio-television and Telecommunications Commission (CRTC).
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