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by eli 4395 days ago
I believe it only applies to messages originating from a server located in Canada, in case anyone was wondering.

EDIT: I am indeed wrong! A non-Canadian company could hypothetically get in trouble for violating these rules. I wouldn't expect that to happen often.

Also, thankfully, the Canadian rules seem pretty reasonable. Everyone probably should have to get explicit (more than a prechecked box) permission before adding you to a mailing list.
2 comments
corry 4395 days ago
No, you are 100% incorrect. CASL applies to any Commercial Email Message SENT to Canadians - server location doesn't matter.

(Sorry for being harsh, but we need to get the correct message out there).

Source: hours spent with our lawyers going over this.

There is big liability here for US companies sending email into Canada (or Canadian firms sending to Canadians).

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axiak 4395 days ago
CASL applies to any electronic message either sent from or accessed in Canada [1].

1: http://www.canadianadvertisinglaw.com/anti-spam-law/

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schtev 4395 days ago
Saying CASL applies to any message accessed in Canada is meaningless. Canadian law can't be applied to foreign entities. Reminds me of what happened with the national do-not-call list.
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axiak 4395 days ago
Sure, there are limits to foreign jurisdiction. IANAL, but if you have customers in Canada and you also send email to Canada you may have to care about CASL. Even if the message originates from a US server.
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anigbrowl 4395 days ago
Canadian law can't be applied to foreign entities.

Of course it can. If they do business in Canada or maintain any assets their those transactions can be blocked or the assets frozen. Many developed countries have reciprocal agreements on things like court judgments, asset seizure and so forth. It's not the same as for a firm based in Canada, but it's not toothless either.

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