By Tom Venetis – Daily Lawyer May 29th 2017)
(May 29, 2017, 6:09 AM EDT) — A survey of over 200 Canadian companies has highlighted gaps in how many understand what is required of them under the Canadian Anti-Spaw Law (CASL) and whether they have compliance strategies in place to make sure they don’t run afoul of the legislation.
“Quoted in Article” David Young, principal at David Young Law, said he was not surprised by what the survey found, specifically that many businesses do not have regular and comprehensive audits for CASL compliance.
“An important reason for having such compliance programs in place is to be able to mount a due diligence defence under CASL,” said Young. A due diligence defence means that if a company can show that it did everything it could to comply with CASL, used all the tools available to ensure CASL compliance and did regular compliance checks, the company may be forgiven if a breach of the CASL rules happens, he added.
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