Think Twice Before Hitting “Send”

If you have a strong communications component to your business (and let’s face it, who doesn’t), you’d better take note. Canada is attempting to get rid of all those pesky spam e-mails and text messages through Canada’s Anti-Spam Legislation (“CASL”), which is slated to come into effect in 2013.

This new legislation is somewhat contentious as it has been criticized as being too broad and vague, which could detrimentally affect how businesses communicate with their actual and prospective clients. CASL targets “any electronic message” that is sent “for business purposes”, which could extend to e-mails, instant messages, text messages and possibly even Facebook and Twitter messages. As you can see, CASL’s reach could be quite wide!

Generally, if you have an existing business relationship with an entity, your business’ messages won’t be caught by CASL. However, be careful if an official business relationship does not exist. Consent to receive the messages is critical and opt-out clauses are unlikely to suffice.

Stay tuned for developments on this.