Archive for the 'Compliance' Category
July 15, 2021
Do you need a precedent for long (i.e., full) contest rules to run a skill-based or judged contest in Canada (e.g., an essay, photo or other skill contest)? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including a Long Rules (Skill Contest) precedent.
July 7, 2021
The Competition Bureau (Bureau) recently began posting new Compliance Bootcamp compliance videos. In this regard, on July 7, 2021 the Bureau posted its Avoiding Deceptive Marketing Compliance Bootcamp video.
This compliance video sets out guidance to avoid engaging in deceptive marketing practices, including making false or misleading marketing claims under sections 52 and 74.01 of the Competition Act. In general, the Bureau reminds advertisers that the deceptive marketing provisions of the Competition Act apply regardless of medium, including to web banners, landing pages, text-based hyperlinks, e-mails, text messages, newsletters, blog posts, online ads and social media content.
June 15, 2021
Are you planning to run a contest/sweepstakes in Canada and need a winner release form for winners to release the sponsor from liability? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including a Winner Release Form precedent.
June 2, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses an important new Federal Court of Canada decision that held that section 45 of the Competition Act, R.S.C. 1985, c. C-34 (Competition Act) does not apply to upstream agreements (that is, agreements between competitors in relation to the purchase of a product or service). The decision is consistent with an Alberta Court of Queen’s Bench decision and the Competition Bureau’s recently revised Competitor Collaboration Guidelines. This new decision also adds new jurisprudence under section 48 of the Competition Act (conspiracies relating to professional sport), which has seldom been considered by Canadian courts. Below is an excerpt with a link to the full Legal Update.
May 15, 2021
Are you running a contest/sweepstakes in Canada and would like to check that you are including all key legal requirements? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including a Canadian Contest Law Checklist.
May 10, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s updated Competitor Collaboration Guidelines (CCGs), which were issued on May 6, 2021. The Update includes key changes from the 2009 CCGs, implications for companies engaging in collaborations with competitors and related Practical Law Canada Competition resources. Below is an excerpt with a link to the full Legal Update.
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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March 29, 2021
On March 29, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had imposed the largest Canadian anti-spam law (CASL) penalty to date to an individual for sending commercial electronic messages (CEMs) without consent (see: CRTC issues largest ever penalty to an individual for sending messages without consent. See also: Notice of Violation: Scott William Brewer).
March 22, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s (Bureau) 2021 Fraud Prevention Month Priorities. The Update provides an overview of civil and criminal misleading advertising enforcement under the Competition Act, R.S.C. 1985, c. C-34, key Bureau deceptive marketing related enforcement and education priorities and implications for companies engaging in advertising and marketing in Canada. Below is an excerpt with a link to the full Legal Update. Below is an excerpt with a link to the full Legal Update.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
