Archive for the 'Developments' Category
February 15, 2023
A promotional contest law question we commonly receive is whether Canadian contest/sweepstakes laws apply if a contest is only open to a company’s or other organization’s employees or personnel. These types of contests/sweepstakes are sometimes called “closed loop” contests or promotions because they are not open to the general public and only internal personal of a company or other type of organization can enter and participate.
January 31, 2023
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update that discusses new proposed Competition Bureau guidelines on wage fixing and no-poaching agreements under section 45 of the Canadian Competition Act.
Below is an excerpt with a link to the full Legal Update.
January 26, 2023
CASL (FEDERAL ANTI-SPAM LAW)
COMPLIANCE PRECEDENTS AND CHECKLISTS
Do you need CASL precedents or checklists
to comply with Canadian anti-spam law?
In addition to our legal services, we offer lawyer-prepared CASL compliance precedents and checklists that identify key consent, disclosure and other requirements to send commercial electronic messages (CEMs) to Canadians and provide checklists and templates to comply with CASL.
Our compliance precedents and checklists are an excellent way to mitigate risk and avoid common CASL-related issues, including relating to express consent requests, sender identification information for CEMs, CASL-compliant unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a template CASL corporate compliance program based on the Canadian CRTC’s CASL compliance program recommendations.
All of our Canadian CASL compliance precedents and checklists include practical overviews of each of the relevant requirements, compliance checklists and guidance how to use them.
Our CASL compliance checklists and precedents are Word version documents with PayPal checkout and credit card payment options.
For more information and to order see: CASL Compliance Checklists and Precedents.
********************
Canada’s federal anti-spam legislation (CASL) came into force in 2014. Since then, marketers and their advisors have been working to comply with what remains a complex law with outstanding uncertainties in some key areas.
December 14, 2022
Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update that discusses recent Canadian Competition Bureau enforcement and advocacy.
Below is an excerpt with a link to the full Legal Update.
November 30, 2022
On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry (the “Minister”) released a Statement from Minister Champagne on the launch of the Competition Act review (the “Statement”), which discusses a comprehensive review of potential fundamental changes to improve and reinforce Canada’s federal Competition Act.
November 18, 2022
On November 17, 2022, Canada’s federal government announced a sweeping stage II review of Canada’s competition laws (see: Consultation on the future of competition policy in Canada).
In announcing the consultation, the government said:
“The Government of Canada welcomes your perspective and comments on a wide range of issues, including how to ensure the law and its provisions remain effective in serving our national interest, and how to improve or protect competition in emerging data and digital markets.”
November 15, 2022
We offer CASL (Canadian anti-spam law) legal advice, including how to comply with its express and implied consent, sender identification and unsubscribe mechanism requirements. We also help clients with CASL compliance, due diligence, structuring and maintaining distribution lists and CASL compliance programs.
In addition to our CASL related legal services, we also offer lawyer prepared CASL compliance checklists and precedents.
October 26, 2022
CASL (FEDERAL ANTI-SPAM LAW)
COMPLIANCE PRECEDENTS AND CHECKLISTS
Do you need CASL precedents or checklists
to comply with Canadian anti-spam law?
In addition to our legal services, we offer lawyer-prepared CASL compliance precedents and checklists that identify key consent, disclosure and other requirements to send commercial electronic messages (CEMs) to Canadians and provide checklists and templates to comply with CASL.
Our compliance precedents and checklists are an excellent way to mitigate risk and avoid common CASL-related issues, including relating to express consent requests, sender identification information for CEMs, CASL-compliant unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a template CASL corporate compliance program based on the Canadian CRTC’s CASL compliance program recommendations.
All of our Canadian CASL compliance precedents and checklists include practical overviews of each of the relevant requirements, compliance checklists and guidance how to use them.
Our CASL compliance checklists and precedents are Word version documents with PayPal checkout and credit card payment options.
For more information and to order see: CASL Compliance Checklists and Precedents.
********************
Canada’s federal anti-spam legislation (CASL) came into force in 2014. Since then, marketers and their advisors have been working to comply with what remains a complex law with outstanding uncertainties in some key areas.
In providing CASL advice to clients since CASL came into force, and even over the past several years, I regularly see some of the same compliance errors being made.
In this regard, one common CASL compliance error that I see is in relation to “friends and family” type promotions. This may include, for example, a promotional contest where entrants are incentivized to share information about the contest for bonus entries or where a company’s staff is encouraged to share information about a promotion with friends and family.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
