Back in February I was invited to Ottawa, as part of my duties with CAUCE, to attend a session hosted by the Canadian Radio-television and Telecommunications Commission (CRTC) about CASL enforcement and some of the clarifications and Guidance that was previously published last October.
I felt the sessions went quite well and the mood in the room was typically very positive, but mixed with a touch of apprehension because of the number of outstanding questions most of the group had and that were left on the table after the session. To addresses these questions the session was set-up to address 6 key topics, that were predefined and selected during the invitation/registration process.
- Means of obtaining “express consent”
- Proof of consent
- Section 66 of CASL and the three-year transitional period
- Obtaining consent to send a commercial electronic message (CEM) – seeking consent for affiliates
- Prescribed information in a CEM – “on behalf of”
- Installation of computer programs
The CRTC Notes two key takeaways from this session:
- There is no one-size-fits all answer that will assist every business in complying with CASL, as context is critical to an appropriate interpretation in the circumstances of each case.
- Businesses require assistance in the form of greater clarity on certain provisions of CASL, and to this end, participants suggested that the CRTC consider providing a framework of guiding principles to underpin compliance expectations.
For other facts and discussion notes from this session you can read the full summary report made available by the CRTC earlier this month – “Report on the Informal Consultation of 25 February 2013 among Industry and Consumer Groups and CRTC Staff on Canada’s Anti-Spam Legislation“.