Undertaking: Souhail Amaarak
File No.: 9110-2019-00516
Effective date of undertaking: 10 May 2022
Monetary payment amount: $10,000
Under section 21 of An 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 (CASL, or the Act).
Person entering into an undertaking
Souhail Amaarak.
Acts and omissions covered by the undertaking and provisions at issue
Souhail Amaarak has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) concerning violations of paragraph 6(1)(a).
Following an investigation, the CCEO alleged that Souhail Amaarak had sent, caused and/or permitted to be sent to electronic addresses, between December 20, 2018, and December 9, 2019, inclusively, a total of 121,437 commercial electronic messages (CEMs).
A Notice of Violation (NOV) was issued to Souhail Amaarak on 17 January 2022 following the investigation into the alleged non-compliant activities. Souhail Amaarak requested the opportunity to enter into an undertaking in connection to these acts and omissions pursuant to subsection 21(4) of the Act, under the conditions provided by subsection 21(2) of the Act.
Amount owing and summary of other conditions
Souhail Amaarak voluntarily agreed to resolve the CCEO’s outstanding concerns regarding compliance with the Act and the Regulations (CRTC) by entering into an undertaking.
As part of this undertaking, Souhail Amaarak agrees to make a monetary payment of $5,000 to the Receiver General for Canada and of $5,000 to a charitable organization of his choice in the area of computer science, social reinsertion, and/or cybersecurity, in accordance with subsection 28(3) of the Act.
In addition to the monetary payment, and for a period of five years as of the signing of the undertaking, Souhail Amaarak undertakes to:
- comply with the Act, including and in particular paragraph 6(1)(a) of the Act, and to stop any activities likely to contravene any of sections 6 to 9 of the Act;
- complete at least fifty hours of community service (non-remunerated) and should he fail to meet this obligation, Souhail Amaarak will donate $5,000 to a charitable organisation no later than 30 days after the end of the five year period during which this undertaking is effective; and
- provide access to all his electronic devices (including telephones and computers) to representatives of the CRTC, in order to verify compliance with the Act, on demand and with 24 hours’ notice.
This undertaking fully and completely resolved all outstanding issues between the CRTC and Souhail Amaarak with respect to his compliance with the Act and the Regulations (CRTC), in relation to the CCEO’s investigation into the sending of CEMs up to the effective date of this undertaking.
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