Legal Blog

IP Alert: Canada’s New Anti-Spam Law Impacts U.S. Businesses

Canada’s Anti-Spam Legislation (CASL) came into effect on July 1st. U.S. business IP Alertowners should take action to comply with the restrictions CASL places on commercial electronic messages (CEMs) in order to avoid substantial fines. CASL applies to email, SMS texts, certain updates from downloaded software, and some types of social networking messages. Any CEMs sent by or accessed from a computer with Canadian IP address is subject to this legislation. Under this new system, senders must obtain either express or implied consent from members of their audience, meaning that recipients opt-in to—rather than opt-out of—electronic mailing lists. Senders must also include identification and contact information in a CEM. The law excludes certain forms of CEMs such as messages sent to parties with whom the sender has an existing family or personal relationship, as well as various correspondences related to legal obligations. For a full list of affected forms, CEMs and exclusions as well as guidelines for securing consent, visit the CASL website. Violations of CASL may result in fines of up to $1 million for individuals, and up to $10 million for businesses. Be sure to familiarize yourself with the legislation before sending any form of CEM, as the law impacts any business that communicates with a recipient in Canada, and there is little way of knowing whether a message will be accessed by a device with a Canadian IP address. Click here to learn more about CASL. If you have any questions about CASL, CAN-SPAM or any other issue involving Intellectual Property Law, please contact Jonathan R. Wachs: jwachs@offitkurman.com | 301.575.0302

About Jon Wachs

Jon Wachs websiteAs head of the firm’s Intellectual Property Group, Mr. Wachs works closely with clients to develop, register, analyze, enforce, and transfer intellectual property assets in a customized, cost-efficient, and highly effective manner. Additionally, he conducts intellectual property audits through which clients learn the nature and value of their intellectual property assets and the steps needed to protect such assets from misappropriation or dilution.

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