Principle 10 — Challenging Compliance An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization’s compliance. There is little difference between the privacy principles of the EU and Canada. Canada Anti-Spam Law [SC 2010,C23] Effective July 1, 2014, Canada enacted one of the strictest laws intended to discourage unsolicited emails from businesses. The Canada Anti-Spam Law (CASL) broadly prohibits the sending of any electronic message that encourages participation in a commercial activity. CASL includes an opt- in regime that has serious ramifications for any business that promotes their products or services in Canadian markets. The definition of “electronic message” includes emails, text messages, phone calls, instant messaging, and social media. There are some exceptions for express or implied consent. Commercial electronic messages must include certain information including an unsubscribe mechanism. Penalties are severe – up to CAD $1,000,000 for individual offenders and up to CAD $10,000,000 for a corporate offender. The first enforcement action under CASL was on March 5, 2015 and included a fine of CAD $1.1 million (USD $800,000) against Compu. finder Inc. based upon the sending of commercial electronic messages to individuals without their consent and without a functional unsubscribe mechanism. This action was followed, on March 25, 2015 with a settlement with Plentyoffish Media, Inc. for CAD $48,000 (USD $34,800) for sending commercial electronic messages to registered users and failing to prominently display the unsubscribe mechanism. It is important to note that the above actions were taken by the government through the Canadian Radio-Television and Telecommunications Commission (CRTC). Provisions concerning a private right of action were scheduled to come into force in
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