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CASL applies to any CEM that is either sent from a computer within Canada or accessed by a computer in Canada. Because of this, even organizations operating solely outside of Canada will, in most cases, be required to comply with CASL if they communicate with Canadian clients or customers.
Its purpose is to outline the intended goals of the parties, typically in very broad language. It is usually with the intention of eventually docHubing an agreement on a project, collaboration, etc. that will be subject to a formal, legally binding contract.
Businesses and persons sending messages that do not comply with CASL face fines of up to $1,000,000 and $10,000,000 respectively, and further private action from the recipient of said messages. The damages claimable under the private right of action are up to a million a day.
CASL provides a due diligence defence. CASL violations can result in regulatory penalties of up to $10 million per violation for an organization and $1 million per violation for an individual. CASL includes a private right of action that is not in force.
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