Updating on laws affecting business
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he government has announced when its long-awaited new anti-spam laws will go into effect.
While the industry is breathing a little easier thanks to some concessions made to marketers, not every question has been answered.
“You don’t have to follow both [sets of regulations]; you follow where the recipient is.” But Kardash said even with these changes, “there will be considerable operational changes and expense associated with complying with the Act, such as for the centralization and management of consent practices for different types of electronic messages.” Companies that don’t comply with CASL face fines of up to million.
“Everybody understood that the standard was going to move to express consent, but the failure to grandfather the implied consents is going to be a problem.” Adam Kardash, chair of Heenan Blaikie’s national privacy and information management practice, said there are some helpful changes contained in the regulations.
For instance, the right of action, which would allow consumers and business to take civil action against anyone who violates CASL, will be deferred for three years.
“The [former] rule that even if you had express consent under our privacy law, you had to go out and get fresh consent…
was going to be an enormous cost for big business.” Read: Are You Prepared for the New Anti-Spam Laws?