By Martin Kratz, QC, and Ravi K. Parhar
On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device settings, collect personal information and update existing software.
In a corporate environment, bring-your-own-device (BYOD) policies and IT use policies will need to be re-visited given the nexus of CASL prohibitions and industry practices in managing enterprise technology and communication infrastructure. Broadly speaking, under CASL, the authorized user or owner of a device (for example, a laptop, smart phone, tablet, etc.) must consent to software installations that are not self-initiated. In certain circumstances, consent will be required even where an installation is self-initiated. Further, the law imposes specific notification and disclosure obligations. Failure to comply with CASL could result in fines of up to $10,000,000 for organizations, or $1,000,000 for individuals, with employers being held liable for actions of employees. (more…)