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Consequences of non-compliance

Penalties for violations under CASL can be as high as $1 million per violation for individuals and up to $10 million per violation for organizations. Officers of an organization can be held accountable for the CEMs sent out by their organization.

As of July 1, 2017, individuals will also have the right under the legislation to take action in cases where electronic messages have been sent without consent. This means that a recipient would be entitled to sue the college privately, and it raises the prospect of a class action if a large number of people have received the same message.  Damage awards in these situations could amount to millions of dollars.

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