Archive for the 'Compliance' Category
December 6, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses a recent important Quebec Court of Appeal decision, in which the court increased the penalties in a municipal works bid-rigging case in Quebec. 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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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).
November 14, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses a recent Ontario Superior Court case that considered informer privilege in the context of the Competition Bureau’s Immunity and Leniency Programs. 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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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).
October 15, 2018
My new Canadian Lawyer column discusses the Canadian Competition Bureau’s newly updated Immunity and Leniency Programs.
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).
June 5, 2018
The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, “Made in Canada” claims and savings claims (see Bureau releases Deceptive Marketing Practices Digest Volume 4).
May 27, 2018
Testimonials and endorsements (i.e., where a brand uses an expert, celebrity or other person to endorse their product) are both increasingly popular and increasingly being scrutinized by regulators, including the Canadian Competition Bureau (Bureau) and U.S. Federal Trade Commission (FTC). While the Competition Act, which is the primary legislation governing misleading advertising in Canada, does not contain any specific provisions relating to, for example, the disclosure of material connections, testimonials/endorsements that are false or misleading can nonetheless violate the Act.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
