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Canada suspends Private Right of Action clause in CASL

The Canadian Government has suspended the impending ability for individuals and classes to bring lawsuits against companies around the world who send commercial messages to residents of Canada without prior permission. The “Private Right of Action” clause was set to go into effect on July 1, 2017, however, due to pressure from various businesses and non-profits, the Government has decided to delay the enforcement and revisit the legislation, which many think is highly flawed and anti-business. A parliamentary committee will review the Canadian Anti-Spam Legislation (CASL) and report its findings (1, 2).

RightWave recommends that despite this change, digital marketers should continue to implement appropriate policies for opt-in countries like Canada and opt-out countries like the United States throughout the world. Details of this recommendations can be found in the RightWave webinar Review your CASL and Opt-In Compliance created before the recent suspension of some provisions of CASL. For more assistance, contact RightWave.


  1. Cision, Government of Canada suspends lawsuit provision in anti-spam legislation, June 7, 2017
  2. Privy Council Office, Order in Council, June 2, 2017