What are the penalties for CASL violations?
CASL penalties are among the world's steepest. Violations can result in Administrative Monetary Penalties (AMPs) of up to $1 million CAD per violation for individuals and $10 million CAD per violation for businesses. Each non-compliant message can constitute a separate violation, making large campaigns potentially catastrophic.
The law includes a private right of action (though implementation has been delayed) allowing individuals to sue for statutory damages of $200 per violation up to $1 million per day. Directors and officers can be held personally liable if they directed, authorized, or participated in violations-corporate structure doesn't provide complete protection.
The CRTC (regulator) has actively enforced CASL with high-profile penalties against both Canadian and international companies. Enforcement focuses on lack of consent, failure to include required information, and false or misleading content. The severity of penalties reflects Canada's intent to make compliance economically mandatory. CASL's penalty structure makes even small compliance gaps potentially expensive. The ulaw was designed to eliminate any economic benefit from non-compliance.
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