New Anti-Spam Legislation Impacting the Installation of Computer Programs Now in Force

15.1.15

Canada's Anti-Spam Legislation (CASL) is most widely known as the legislation which, as of July 1, 2014, prohibits the distribution of unsolicited commercial electronic messages.  However, the legislation also contains provisions (as outlined in section 8 of CASL) which aim to curtail malicious software such as malware and spyware by requiring express consent for the installation of computer programs on another person's computer system and mandating enhanced disclosure if the software performs certain prescribed functions. These provisions came into force today, January 15, 2015, and because they do not clearly distinguish between malicious software and software used for legitimate business purposes have been a topic of frequent discussion among those in the legal community and technology sector looking for additional guidance on how to comply.