On July 1, 2014, most of Canada’s Anti-Spam Legislation (CASL) came into force. On July 27, 2016, CASL’s primary regulator, the Canadian Radio-television and Telecommunications Commission (“CRTC”) issued an Enforcement Advisory titled “Notice for businesses and individuals on how to keep records of consent”, which addresses the CRTC’s expectations regarding proof of consent and record keeping.Under Section 13 of CASL, individuals and organizations must be able to demonstrate, by way of cogent evidence, that they…

Another anti-spam enforcement action recently took place in Canada, this time led by Canada’s federal privacy regulator, the Office of the Privacy Commissioner (OPC). This enforcement action is the first time the OPC has publicly found an organization to have violated the general restriction under Canada’s federal privacy law against the non-consensual collection of electronic addresses via computer programs or the use of such addresses—a restriction that was introduced into law when Canada’s anti-spam law…