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Archive for the 'Compliance' Category

October 31, 2016

Earlier today, the Canadian Competition Bureau (Bureau) announced that its most recent annual Internet advertising sweep focused on false or misleading online endorsements (see: Annual Internet Sweep Focuses on Online Reviews and Endorsements).

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October 26, 2016

On October 21, 2016, the Supreme Court of Canada (SCC) issued an important decision on joint sentencing submissions in criminal cases in Canada, which also has implications for criminal competition law sentencing (see R. v. Anthony-Cook, 2016 SCC 43).

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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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October 19, 2016

Guest post by Andrew Shiestel
tbk Creative

Canada’s Anti-Spam Legislation (CASL) is anti-competitive for our Canadian businesses and it’s a large thorn in Canada’s dream of developing a world-leading ‘digital economy’. CASL is a problem for two primary reasons and I’ll explain both in more detail throughout this article.

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October 12, 2016

Practical Law Canada Competition has published a new Legal Update discussing recent criminal enforcement by the Competition Bureau and cases. 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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September 2, 2016

On September 1, 2016, Kellogg Canada Inc. (“Kellogg”) agreed to pay a $60,000 penalty in relation to an alleged violation of the consent provision of Canada’s federal anti-spam legislation (CASL) under a voluntary undertaking. Under the terms of the undertaking, Kellogg has agreed to pay a monetary penalty, comply with (and ensure that any 3rd party authorized to send commercial electronic messages on its behalf complies with) CASL and to review and update its anti-spam compliance program.

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August 25, 2016

An interesting Canadian Business article on paid endorsements caught my eye earlier today. It discusses the increasing scrutiny of advertising regulators in Canada and the United States to require clear disclosures of material connections for online endorsements, including new Canadian Advertising Standards Canada (ASC) rules to require full disclosure of any paid endorsements or mentions of products and services.

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August 16, 2016

Practical Law Canada – Competition has published a new Legal Update discussing recent Competition Bureau compliance program developments.

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Promotional contests continue to be extremely popular for brands. In this regard, we have recently updated the Canadian contest law rules and forms that we offer in key popular areas, which include random draw contests, consumer generated content contests (sometimes also called “skill contests”), trip contests, as well as popular social media based promotions/contests.

For more information and to order, see Canadian Contest Forms.

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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.