Canadian Anti-Spam Law (CASL) Employee Training. Canada’s Anti-Spam Legislation (CASL). This mandatory employee training is being provided so that Equifax Canada can meet its obligations under the new law. In this training, you will learn: What is spam? What is CASL?
This mandatory employee training is being provided so that Equifax Canada can meet its obligations under the new law. In this training, you will learn:
Spam is not just the world’s largest selling canned meat (having sold over more than 7 billion cans over the past 75 years).
When we talk about the law, and in particular Canada’s new Anti-Spam Law (CASL), “spam” means any unsolicited commercial electronic message.
Much like the Monty Python skit, where 2 customers in a greasy spoon are overwhelmed by the amount of spam included in every menu option, Canadians have been overwhelmed by the amount of unwanted solicitations in their electronic accounts (e.g. e-mail).
In response, the Canadian government has introduced CASL to discourage the sending of spam from and to Canada. The legislation is drafted in a broad manner to create a prohibition against unsolicited commercial electronic messages (“CEMs”). CASL also prohibits undesired installations of computer programs (such as malware or spyware).
CASL defines commercial activity broadly. It may include:
In effect, all organizations carrying on business in Canada have had to review all messaging and marketing practices to determine whether any of the obligations or requirements of CASL apply to a particular type of message.
There are 2 key requirements to ensure Equifax Canada complies with the CEM regulations: (1) Obtain express consent when needed, and (2) Ensure the CEM meets the Form and Content requirements of CASL.
Form and Content:
Express consent can be obtained orally or in writing. However, oral consents are more difficult to keep track of. When obtaining express consent, the recipient must provide an affirmative action that they wish to receive the CEMs. In addition, the request for express consent must contain:
CASL does not apply to certain types of messages, including:
This means that neither express consent, nor the form and content requirements apply!
A recipient’s consent is deemed where:
As most of Equifax Canada’s business activities involve existing customers or prospective customers who have reached out to Equifax for services. Under CASL, “existing business relationship” arise from:
In these instances, consent is deemed (which means you do not need to seek express consent).
Equifax Canada can has published the Equifax Canada-CASL Policy. This Policy (“Policy”) provides an overview of CASL and outlines the company’s policies and procedures that have been implemented to ensure compliance with CASL and applicable legislation. Review this Policy and use the tools to ensure you are compliant.
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