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If you already have express consent, you do not have to get new consent
Recipients who have already given permission to contact them – in writing, through electronic messaging, or even verbally – do not need to give you permission again. The reason given behind this is simply that the volume of customers, clients and consumers who would have to be contacted would be huge for some businesses, and it could cost quite a bit to pull it off.
If implied consent was in effect, however, that will not qualify as consent under CASL. CASL cancels out the old Personal Information Protection and Electronic Documents Act, which had stated that if a person has not opted out by checking an opt-out box, or declined consent in some manner, then consent is implied. This type of consent is no longer valid, and therefore any consumers or subscribers who fall into that category would need to be removed from contact lists or re-qualified.
CASL does not cover people in other countries
If your company or organization is sending electronic messages to people in other countries that have their own anti-spamming laws, then CASL will not apply to those messages. You only have to follow the rules of that country, rather than adhering to both that country’s laws and Canada’s.
Charities and political parties are in the clear
Any registered charitable organizations or political parties can contact citizens without consent. They are exempt from CASL, but still cannot contact anyone who has specifically unsubscribed from their electronic messages. American charities and political parties will not be exempt from CASL.
The Private Right of Action will not be effective until July 2017
Although CASL goes into effect in July 2014, citizens will not be able to take civil action against offenders until July 2017. However, the government can take action. This will allow leeway for legitimate businesses and organizations to get their electronic messaging procedures ironed out. Still, every group is encouraged to have this complete by July 2014. In the meantime, the government will be able to pursue charges against those who are simply refusing to comply and continuing to spam individuals.