Archive for the 'Associations' Category
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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August 21, 2020
During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests. In this regard, I have acted for several countries assisting them with their destination marketing related promotions. My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions. Below is an excerpt with a link to my full Canadian Lawyer column.
August 10, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s revised Competitor Collaboration Guidelines. This Update includes an overview of sections 45 and 90.1 of the Competition Act, a summary of the Bureau’s key proposed changes and implications for collaborations between competitors.
April 8, 2020
During the COVID-19 outbreak, the Canadian Competition Bureau (Bureau) has been issuing new guidance in relation to its key enforcement priorities, primarily in relation to competitor collaborations and deceptive advertising (see: Statement from the Commissioner of Competition regarding enforcement during the COVID-19 coronavirus situation). In this respect, on April 8, 2020, the Bureau issued new detailed guidance relating to its enforcement approach for competitor collaborations. The Bureau also announced that it would be offering informal guidance specifically relating to competitor collaborations formed during the COVID-19 outbreak. See: Competition Bureau statement on competitor collaborations during the COVID-19 pandemic.
January 15, 2020
One of the most common questions that we see and answer in our practice is whether price gouging is an offence under Canadian competition law (e.g., under the federal Competition Act). This question often arises in relation to gas prices or other high-impact consumer products (e.g., telecom/wireless services or grocery stores).
January 1, 2020
Competition law (or “antitrust law” as it is referred to in the United States) generally includes a range of local and federal legislation, case law and enforcement agency policies that restrict in part free markets aimed at preventing or regulating activities that prevent or substantially impact competition. In general, Canadian and international competition/antitrust laws are focused on protecting competition and not individual competitors.
August 22, 2019
Practical Law Canada has published a New Legal Update, which discusses key requirements of competition law compliance programs in Canada, in light of the U.S. Department of Justice’s recent shift to align its approach to recognizing compliance programs with Canada. Below is an excerpt with a link to the full Legal Update at Practical Law.
November 6, 2018
In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the federal Competition Act (the conspiracy and civil agreements provisions of the Act).
May 22, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses the Competition Bureau’s revised draft Immunity and Leniency Programs, which were recently re-issued for a second time in draft form for public consultation. Below is an excerpt with a link to the full Update.