Archive for the 'Compliance' Category
January 6, 2014
On December 4, 2013, the Federal Government announced that Canada’s new anti-spam legislation (CASL) would finally largely come into force on July 1, 2014 (with several transition periods for the unauthorized installation of computer program and private action provisions). The following is my updated summary of the impending CASL, including summaries of the consent, form and unsubscribe requirements (and legislative links and key resources).
January 3, 2014
Earlier today, the Canadian Corporate Counsel Association (CCCA) published a new edition of its CCCA Magazine. Included is a quite good article on competition law compliance entitled “Competition law: How to stay out of trouble” (sub-title: “How a robust antitrust compliance program can keep your company out of trouble”).
January 1, 2014
A few days ago this very good blog post by Jarod Bona caught my eye outlining some of the basic considerations for a competition law compliance policy. Given that many of the same competition law considerations apply on this side of the border, including when dealing with competitors, participating in associations, preparing for a merger and joint ventures, I thought this would be a good compliance piece to reprint here (reprinted with permission).
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 20, 2013
On December 18, 2013, the Canadian CRTC issued updated frequently asked questions (FAQs) and additional guidance relating to Canada’s now impending anti-spam legislation (see: Canada’s Anti-Spam Legislation).
December 18, 2013
Has the European Commission found a new way to promote competition law compliance? In a curious but entertaining development earlier today, the Commission published a new competition law compliance guide called “Competition in Europe: It’s Your Deal”.
This brightly coloured 14-page publication is evidently aimed at consumers, dastardly conspiring business executives or grade-schoolers (or perhaps all of the above).
Maybe comics are a more engaging way to explain what antitrust enforcers do (and the evils of price-fixing cartels and other anti-competitive conduct). It did catch my eye on my daily media sweep.
In this particular tale of corporate crime and intrigue, a curious European traveller meets a DG Comp officer who explains what European competition law enforcers do, why competition is good for markets followed by the officer describing a price-fixing and market sharing cartel formed over drinks and dinners at very European-looking locations (leading to a 350 million Euro fine).
I also couldn’t help noticing that the rooms grew dark and rain began to fall as the parties hatched their cartel – a rather nice cartoon-villain touch.
All in all an entertaining short read for corporate executives, competition lawyers over the holidays or grade-schoolers – perhaps the new trend in competition compliance, through comics?
For a copy of the Commission’s new publication see: Competition in Europe.
December 18, 2013
Tis the season for annual reviews and updates. In this spirit, the Global Competition Review (GCR) has published its annual Antitrust Review of the Americas for 2014. This year’s issue includes contributions relating to the ICN, U.S. antitrust enforcement (cartels, CFIUS, IP & antitrust, mergers, private litigation, unilateral conduct and vertical restraints) and Canadian competition law enforcement (cartels, Investment Canada Act, mergers, abuse of dominance and private actions). This year’s issue also includes competition/antitrust law updates for Chile, Colombia, Costa Rica, Equador, Mexico, Panama and Suriname. For a copy of the new issue see: Antitrust Review of the Americas 2014.
December 17, 2013
Codes of ethics are a common and ubiquitous aspect of many trade and professional associations. A well prepared and thought out association code can achieve a number of legitimate aims, including ensuring that members adhere to the common goals and principles of the association, reducing legal liability and risk and enhancing the brand of members’ product or service offerings.
December 12, 2013
Yesterday the Federal Government announced the launch of a new public consultation, which will run until March 11, 2014, looking at ways to amend the Federal Canada Business Corporations Act to better tackle bribery and corruption. In making the announcement, Canada’s Minister of Industry said:
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
