Archive for the 'Compliance' Category
Are you running a promotional contest or sweepstakes in Canada? We offer a range of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents/forms for running common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen at random by draw) and skill contests (e.g., essay, photo or other types of contests or promotions where entrants must submit content that is judged to enter or to obtain additional entries).
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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June 18, 2019
The Canadian Radio-television and Telecommunications Commission (CRTC), which is one of three Canadian agencies responsible for enforcing Canada’s federal anti-spam legislation (CASL), has begun issuing periodic summaries of its enforcement activities. In its most recent update on June 17, 2019, the CRTC provided an update on enforcement steps for the six-month period from October 1, 2018 and March 31, 2019 (see: Enforcing Canada’s Anti-Spam Legislation (CASL)). Several key highlights from the CRTC’s recent CASL spam related enforcement efforts include:
June 11, 2019
Practical Law Canada has published a New Legal Update, which discusses recent Competition Bureau (Bureau) and policy changes relating to the digital economy in Canada. This new Update includes key points from recent Commissioner of Competition speeches, media interviews and conferences hosted by the Bureau and OECD.
Below is an excerpt with a link to the full 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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May 6, 2019
My new Canadian Lawyer column discusses the increased potential liability for directors and officers of companies that violate Canada’s federal anti-spam legislation (CASL). Recently the CRTC, which jointly regulates Canada’s anti-spam legislation (together with federal privacy and competition law regulators), has both commenced enforcement against directors and officers of companies engaged in alleged illegal electronic marketing and issued detailed (and, for companies, troubling and challenging) guidelines relating to third party liability for CASL violations. These important CRTC developments need to be carefully reviewed by both directors and officers of companies engaged in electronic marketing, as well as third parties (e.g., marketing and advertising agencies) that are assisting companies in their electronic marketing campaigns.
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.
January 3, 2019
In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed key requirements for commencing Competition Act misleading advertising based class actions in Ontario. In this case, the plaintiff moved for, and obtained, certification for a class action against Ford Motor Company and its Canadian subsidiary (as well as a dealer) for allegedly misleading purchasers of 2013 and 2014 Ford vehicles in relation to fuel consumption marketing claims.
CANADIAN CONTEST RULES/PRECEDENTS
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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Contests in Canada are largely governed by the Competition Act, Criminal Code and common law of contract. In addition, Quebec has a separate regulatory regime governing contests (with some additional requirements) and several other areas of law and rules can apply, depending on the type of promotion including: privacy law, intellectual property law, Canada’s anti-spam legislation (CASL) and social media sites’ terms of use.
December 16, 2018
Emond asked me to review their new Canadian competition law text, Competition Enforcement and Litigation in Canada, authored by Antonio Di Domenico.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
