The new #1 issue for risk departments in business – CASL
January 21, 2016 – Peter Clausi, lawyer, investment banker and business consultant in an interview with InvestorIntel Publisher Tracy Weslosky to discuss CASL, the Canadian Anti-Spam Legislation. Considered “invasive” by many, Peter explains how “In 2016 this will be the number one issue for risk departments across every business to deal with.”
Tracy Weslosky: So Peter, you’re a lawyer, an investment banker and respected consultant for compliance. You have been providing us with much needed information about this Canadian Anti-spam legislation or CASL as we call it. Can you please explain to our audience why this is one of the most actually shocking pieces of legislation I’ve ever seen?
Peter Clausi: Tracy I’ve been banging the CASL drum for some time. CASL is so invasive it touches everything that a business does and yet we haven’t given it the attention and the respect it deserves. Already companies have been fined hundreds of thousands of dollars for being offside CASL and yet it hasn’t made its way to the mainstream yet. In 2016 this will be the number one issue for risk departments across every business to deal with.
Tracy Weslosky: So for all of those in the mainstream that do not know what CASL is, can you please explain what it is because it seems that many people are defining this incorrectly?
Peter Clausi: CASL is a piece of legislation with good intentions. It’s meant to enhance Canada’s economy and increase efficiencies by eliminating waste. That sounds great. What the government has done is they passed a law that says if you send an electronic message to another person’s account you must have that person’s consent before you send that message. Notice it doesn’t say email. It says electronic communication. Notice it doesn’t say email account. Legislation reads, to an account. As a result it is so broad so encompassing that it catches every aspect of your business.
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Tracy Weslosky: So for all of you entrepreneurs that are out there, say for instance you wanted to just send an email to a company soliciting their interest in having a meeting, would that potentially violate CASL?
Peter Clausi: Potentially it could. There are some exceptions built into the statute, but if you think about it that’s a classic definition of spam, an unwanted unsolicited email in your inbox. Yes, in most circumstances that would be spam and caught by CASL.
Tracy Weslosky: What terrifies me the most is that in addition to, as an entrepreneur, us being limited by the types of solicitations we can do and marketing that we can do, we are responsible for all of our employees or anyone utilizing our email address with our company. For instance, if anyone in my team with a @investorintel sends an email to Company B and they didn’t want it, I can potentially be fined. Is that correct?
Peter Clausi: In many ways it’s like environmental liability law. The person who actually affects the spill is liable, but so to can be the officers, the directors and the corporation that employs that person…to access the complete interview, click here
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