On August 22, 2016, Kellogg's Canada entered into an undertaking with the CRTC under CASL.
CRTC has made it clear they expect orhanizations to manage theri 3rd party relationships and to take clear steps to understand their CASL readiness. Agencies or service bureaus who are not compliant themselves nor understand the implementation of CASL compliance should begin to witness clients and prospects moving to competitors who are up to speed and have CASL compliance programs in place.
Ottawa, 1 September 2016
File No.: 9102-201400324-001
Signature Date: 22 August 2016
Monetary payment: $60,000
Pursuant to section 21 of the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23 (the Act), Kellogg Canada Inc. has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) of the Commission, in relation to an alleged violation of paragraph 6(1)(a) of the Act:
From 1 October 2014 to 16 December 2014, inclusively, messages were allegedly sent by Kellogg and/or its third party service providers during the period of 1 October 2014 to 16 December 2014 to recipients without consent of their recipients.
Pursuant to section 21 of the Act, Kellogg Canada Inc. has entered into an undertaking which includes a monetary payment of $60,000. In addition to this amount, Kellogg Canada Inc. undertook to comply with, and ensure that any third party authorized to send a commercial electronic message on its behalf complies with, the Act and Regulations (CRTC), and to review and update its compliance program.
The compliance program will be reviewed and updated by Kellogg Canada Inc. with the goal to promote compliance with theAct and Regulations (CRTC). More specifically, the program will cover elements such as reviewing and revising written policies and procedures regarding compliance, training programs for Kellogg employees, tracking of commercial electronic message complaints and subsequent resolution, and implementing updated monitoring and auditing mechanisms to assess compliance.
The amount of $60,000 paid by Kellogg Canada Inc. was payable to "The Receiver General for Canada" in accordance with subsection 28(3) of the Act. This Undertaking fully and completely resolves all outstanding issues with respect to Kellogg’s or its subsidiaries’ alleged non-compliance with the Act, including the payment of any specified amount in relation thereto, between the Commission and Kellogg Canada Inc. in relation to the CCEO’s investigation into the alleged violation by Kellogg Canada Inc. during the period of 1 October 2014 up to and including the Effective Date of this Undertaking.
Director, Electronic Commerce Enforcement Division