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CASL: Personal Liability Exposure for Directors and Officers

An article from September 15, 2017 on underscores the point that an organization’s directors and officers can be potentially liable for a CASL infraction. The article also offers a few steps to help protect directors and officers of an organization from personal liability.

CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their directors and officers need to make sure they do. CASL opens directors and officers up to personal liability for violations of it, so every director and officer must think about limiting her personal exposure. Here are five steps to get that process started.

Director and Officer Liability.
CASL expressly extends legal responsibility to both an organization’s directors and its officers. CASL says that an organization’s officers, directors and agents can be personally liable if the organization contravenes CASL, regardless of whether the Canadian Radio and Television Commission (the CRTC, the main agency charged with CASL’s administration) proceeds against the offending organization itself. To be personally liable, the officer, director, or agent must have:

  • directed the violation;
  • authorized the violation;
  • assented (somehow agreed) to the violation;
  • acquiesced in the violation (knew about it and allowed it to happen); or
    otherwise participated in the violation.

Click here to read the full article