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By Richard Stobbe

The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada’s Anti-Spam Law (CASL). Software vendors should review the  CASL Requirements for Installing Computer Programs for guidance on installing software on other people’s computer systems. Remember, the start-date of January 15, 2015 is less than 2 months away. Here are a few highlights:

• CASL prohibits the installation of software to another person’s computing computer – which includes any device, laptop, smartphone, desktop, gaming console, etc.) in the course of commercial activity without express consent;
• Downloading your own app from iTunes or Google Play? CASL does not apply to software, apps or updates that are downloaded by users themselves; 
• Maybe you still use a CD to install software? CASL does not apply to “offline” installations by a user;
• Where implied consent cannot be relied upon, then express consent is required. The guidelines state the following:

“When seeking consent for the installation you must clearly and simply set out:

1. The reason you are seeking consent;
2. Who is seeking consent (e.g., name of the company; or if consent is sought on behalf of another person, that person’s name);
3. If consent is sought on behalf of another person, a statement indicating which person is seeking consent and which person on whose behalf consent is being sought;
4. The mailing address and one other piece of contact information (i.e., telephone number, email address, or Web address);
5. A statement indicating that the person whose consent is sought can withdraw their consent; and
6. A description in general terms of the functions and purpose of the computer program to be installed.”  

 

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