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Private right of action a duplication

Thursday, March 09, 2017 @ 7:00 PM | By David Young

The private right of action under CASL (Canada’s Anti-Spam Law) comes into force on July 1, 2017. It is a right for private parties to obtain what are characterized as statutory damages for breach of CASL’s anti-spam and computer download prohibitions, as well as the e-mail harvesting/computer hacking provisions under the Personal Information Protection and Electronics Documents Act (PIPEDA) and the prohibitions against false or misleading e-mails under the Competition Act.

While the ostensible purpose of the private right of action is to provide a user-friendly...