Archive for the 'Advertising' Category
Today was a day for telecom – some of the interesting telecom, competition and regulatory law developments include:
The Acting Chairman of the CRTC delivered remarks to the Canadian Telecom Summit in Toronto on competition in the telecom sector, proposed small telecom ownership rule changes, caps in the upcoming spectrum auctions, Do Not Call List enforcement funding (to allow the CRTC to recover administration and enforcement costs from the telemarketing industry) and anti-spam enforcement: Speech by Leonard Katz to the Canadian Telecom Summit.
The Minister of Industry also delivered a keynote address at the Telecom Summit with brief remarks discussing the spectrum auctions and proposed small telecom ownership rule changes, as well as new funding for SMEs, copyright reform and anti-spam legislation: Speaking Points to the Canadian Telecom Summit, Minister Paradis Challenges Telecom Industry to Innovate, Create and Thrive.
A few interesting competition and regulatory law developments caught my eye today including:
The Federal Privacy Commissioner announced that she would be tabling the annual PIPEDA Report in Parliament tomorrow: Media Advisory – Commissioner’s annual report on private-sector privacy issues expected to be tabled in Parliament, Privacy Commissioner news release.
Late last week the Federal Attorney General appointed a new Competition Bureau Chairman: Competition Tribunal Appointment Announced.
Gus Van Harten of Osgoode Hall Law School has published an interesting, if critical, note on Canada’s foreign investment rules (thanks to our friend Harpinder Mangat at Carswell who Tweeted this): Not all foreign takeovers are good for Canada.
On May 30, 2012, CRTC officials (Senior General Counsel, John Keogh and General Counsel, Telecommunications, Christianne Laizner) appeared before the Senate Standing Committee on Transport and Communications commenting on CRTC aspects of Bill C-38.
Bill C-38, omnibus legislation that has completed second reading and been referred to Committee would, if passed, amend the Telecommunications Act to eliminate Canadian ownership requirements for small telecommunications companies (carriers with less than 10% market share) and allow the CRTC to recover Do Not Call List (DNCL) administration and enforcement costs from the telemarketing industry through new fees.
These proposed changes were first announced by the Government earlier this year (see our earlier posts here and here).
On May 29, 2012, the CRTC issued an updated Do Not Call List (DNCL) Status Report current to April 30, 2012. According to the CRTC, about 10,700,000 telephone and fax numbers are currently registered on the DNCL, it has received a total of 542,991 telemarketing complaints and has 156 active investigations. The CRTC’s Status Report also states that 131 citations, 54 notices of violation and 42 administrative monetary penalties have been issued under the DNCL rules to date.
Under Canada’s DNCL, consumers may register their residential, wireless, fax or VoIP numbers to reduce unwanted telemarketing calls. Registrations are valid for five years and the DNCL rules impose a number of obligations on telemarketers including registering as subscribers of the DNCL, maintaining internal do not call lists, record-keeping and disclosure requirements and restrictions on calling times.
In addition to the DNCL rules, telemarketing in Canada is also governed by the Federal Competition Act, which imposes disclosure and other obligations on telemarketers, and provincial regulations – for example, provincial licensing requirements in British Columbia.
For the CRTC’s Report see: Status Report.
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The CBA’s National Privacy Law Section will be hosting an upcoming online seminar entitled “Privacy Breach Notifications: Existing and Emerging Requirements and Practices” on June 12, 2012 from 12:00 – 1:30 p.m. EST.
From the CBA Privacy Law Section:
“Our expert panel will provide an overview of Canadian breach notification laws, including proposed amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA), and practical policies, procedures and strategies for responding to breaches. Breach notification rules in other jurisdictions will also be highlighted.
Our panelists offer legal, business and information security experience in relation to privacy breaches. Join us for this informative session to learn more about the existing and emerging requirements in Canada and how they will affect your clients and your practice.”
Advertising Standards Canada (ASC) will be hosting an upcoming seminar on the rather hot topic (if only to advertising law geeks) of disclaimers in Toronto on June 12, 2012.
From the ASC:
“Disclaimers are not an afterthought. In today’s climate they must be top of mind for advertiser and agency professionals – not just their legal counsel.
The Competition Bureau’s recent enforcement actions regarding misleading advertising and the Supreme Court of Canada’s recent guidance on the ‘general impression’ test in its judgment against an advertiser of a contest promotion have made this patently clear. Learn what these recent legal developments mean for the appropriate use, content and placement of disclaimers in advertising. The Supreme Court Case also has implications for how advertisers define the average consumer – this will be a critical factor going forward.
Join ASC and our distinguished panel to learn how you can help ensure your advertising meets regulatory requirements as well as the provisions of Canadian Code of Advertising Standards.”
The U.S. Federal Trade Commission will be holding a very interesting upcoming workshop on advertising and privacy disclosure in online and mobile media on May 30, 2012 entitled In Short: Advertising & Privacy Disclosures in a Digital World.
The workshop, which will also be webcast, will include the following topics: Mobile Privacy Disclosures, Mobile Advertising Disclosures, Social Media Disclosures and Cross-Platform Advertising Disclosures.
Speakers are to include representatives from the Federal Trade Commission, Berkeley School of Information, NetChoice, National Consumers League, Clorox, Facebook, Word of Mouth Marketing Association, Procter & Gamble, the Interactive Advertising Bureau (IAB), Best Buy and others.
For more information see: In Short: Advertising & Privacy Disclosures in a Digital World
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For more information about our regulatory law services contact: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
CANADIAN CONTEST RULES/PRECEDENTS
Do you need contest rules and forms for a Canadian contest/sweepstakes? I offer a selection of Canadian contest rules and forms for random draw, skill and other common types of Canadian contests (i.e., contest precedents and forms). For more information see Canadian Contest Forms/Precedents.
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The Canadian Institute is hosting an upcoming contest conference entitled “Managing Legal Risks in Running Online Contests” on June 21-22 2012 in Toronto. Their conference will include discussions on topics that include minimizing the risks of operating online contests, online voting contests, operating Facebook and Twitter contests, mobile contests and mitigating risk when online contests go wrong.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
