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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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August 21, 2020

During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests.  In this regard, I have acted for several countries assisting them with their destination marketing related promotions.  My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions.  Below is an excerpt with a link to my full Canadian Lawyer column.

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August 10, 2020

Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s revised Competitor Collaboration Guidelines.  This Update includes an overview of sections 45 and 90.1 of the Competition Act, a summary of the Bureau’s key proposed changes and implications for collaborations between competitors.

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March 12, 2019

Practical Law Canada has published a New Legal Update, which discusses the updated Abuse of Dominance Enforcement Guidelines issued by the Competition Bureau.  This Update includes a summary of key changes, updates based on the landmark Toronto Real Estate Board abuse of dominance case, as well as shifts in the Bureau’s abuse of dominance related enforcement policies.

Below is an excerpt with a link to the full Update.

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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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December 4, 2018

On December 3, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a summary of its anti-spam legislation (CASL) enforcement over the past six months (from April 1, 2018 to September 30, 2018) (Enforcement Highlights).  See: Enforcing Canada’s Anti-Spam Legislation (CASL): Actions Carried Out by the CRTC Between April 1, 2018 and September 30, 2018.  While CASLhas been in force now for more than four years, the CRTC’s Enforcement Highlights provides a useful snapshot of the CRTC’s CASL enforcement priorities.  It is also a useful guide for electronic marketers to key areas of potential anti-spam law related risk.  For an overview of CASL, see: Anti-Spam (CASL).

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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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November 7, 2018

On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued new guidelines on its enforcement approach in relation to aiding and inducing violations of Canada’s federal anti-spam legislation (CASL) (Compliance and Enforcement Information Bulletin CRTC 2018-415).  Importantly, CASL applies not only to those that, for example, send unsolicited electronic messages without complying with CASL’s consent, identification and unsubscribe requirements, but also to anyone that aids, induces, procures any act that violates CASL (CASL, section 9).

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June 20, 2018

The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Ontario Court of Appeal clarified the application of the discoverability principle to the limitation period for private actions commenced under section 36 of Canada’s Competition Act, R.S.C. 1985, c. C-34 (the “Act”) (the section of the Competition Act under which private actions and class actions for violations of the criminal offences of the Act are commenced).

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May 23, 2018

The term of Canada’s current Commissioner of Competition, John Pecman, ends soon. In this respect, the CD Howe Institute’s Competition Policy Council is making two general recommendations for the mandate of the next Commissioner in its new Communiqué entitled Help Wanted: Priorities for a New Competition Commissioner: first, improve the timeliness and efficiency of the Bureau’s operations; and second, ensure that the new Commissioner vigorously pursues his or her mandate to act as an independent, strong and relevant public advocate for competition.

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October 29, 2017

On October 26, 2017, the Competition Bureau (the “Bureau”) issued its revised draft Immunity Program for public comments. The Bureau is updating its Immunity Program to reflect recent legal and policy developments (see here).

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.