Archive for the 'Compliance' Category
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.
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.
June 23, 2020
Practical Law Canada has published a New Legal Update, which discusses recent settlements of bid-rigging cases under section 47 of the Canadian Competition Act under the Act’s prohibition order section, which offers a number of advantages for settling parties. Below is an excerpt with a link to the full Legal Update at Practical Law.
June 22, 2020
Practical Law Canada has published a New Legal Update, which discusses the recent decision by the House of Commons Standing Committee on Industry, Science and Technology to invite representatives of three major Canadian grocery chains to “explain their decision to cancel, on the same day, the modest increase in wages for front-line grocery store workers during the pandemic, including how those decisions are consistent with competition law.” Below is an excerpt with a link to the full Legal Update at Practical Law.
May 15, 2020
Over the past several weeks, a marketing law trend that is emerging in my practice has been increased demand to work on destination marketing contests (i.e., contests promoting trips, vacations and adventures to particular destinations). This may seem slightly counterintuitive, but I have been contacted by several brands and local and international governments in relation to destination contests, presumably anticipating an easing of local and international COVID-19 travel and other restrictions.
April 14, 2020
My new Canadian Lawyer column discusses recent price gouging and deceptive marketing law enforcement in Canada. Some of the issues raised include speed of enforcement, political statements in light of actual enforcement and transparency in relation to warnings and penalties. My new column compares enforcement efforts in Canada – both at the provincial and federal levels – with the United States. Below is an excerpt with a link to my full column.
April 21, 2020
Practical Law Canada has published a New Legal Update, which discusses the Canadian government’s April 18, 2020 Policy Statement, which provides for increased scrutiny of certain foreign investments in Canada under the federal Investment Canada Act during the COVID-19 pandemic. Below is an excerpt with a link to the full Legal Update at Practical Law.
April 8, 2020
During the COVID-19 outbreak, the Canadian Competition Bureau (Bureau) has been issuing new guidance in relation to its key enforcement priorities, primarily in relation to competitor collaborations and deceptive advertising (see: Statement from the Commissioner of Competition regarding enforcement during the COVID-19 coronavirus situation). In this respect, on April 8, 2020, the Bureau issued new detailed guidance relating to its enforcement approach for competitor collaborations. The Bureau also announced that it would be offering informal guidance specifically relating to competitor collaborations formed during the COVID-19 outbreak. See: Competition Bureau statement on competitor collaborations during the COVID-19 pandemic.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
