Archive for the 'Publications' Category
January 17, 2020
In an interesting and rather novel case, the Competition Bureau (Bureau) is reportedly investigating whether three major Canadian political parties (the Liberal, Conservative and NDP parties) violated the Competition Act in relation to their collection and use of Canadians’ personal information.
January 1, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new guidelines largely reiterate previous guidance provided by the Bureau, its announcement also suggests increasing scrutiny on not only influencers that fail to comply with the Competition Act, but also brands and agencies. In this regard, the Bureau issued close to 100 letters to brands and marketing agencies advising them to comply with the Competition Act. Below is an excerpt with a link to the full Legal Update at Practical Law.
September 10, 2019
In my new Canadian Lawyer column, I take a look at two recent U.K. ASA advertising decisions with potential implications for Canada. Below is an excerpt with a link to my column.
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In an interesting development, two ads were recently banned under new gender stereotyping in advertising rules recently implemented by the U.K. Advertising Standards Authority. The ASA, the U.K.’s member-based independent advertising regulator, introduced its new gender stereotyping advertising rules in June after consultations with industry and a report entitled Depictions, Perceptions and Harm. The ASA’s new rule, which applies to all broadcast and non-broadcast media, including online claims and social media, prohibits gender stereotypes in advertising “that are likely to cause harm, or serious or widespread offence.”
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.
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 18, 2019
Canada’s federal anti-spam legislation (CASL) came into force more than five years ago. Since then, marketers and their advisors have been working to comply with what remains a complex and difficult law with a number of outstanding uncertainties in key areas.
July 17, 2019
Practical Law Canada has published a New Legal Update, which discusses the recent decision by the Canadian Government to approve, subject to conditions pursuant to the Canada Transportation Act, the merger of First Air and Canadian North airlines in northern Canada. This approval is notable in that it comes after a Competition Bureau report that concluded that the merger would be anticompetitive. As such, this case highlights the two-track merger review regime in Canada for certain transportation sector mergers and serves as an important reminder that the federal Cabinet, not the Competition Bureau, has the ultimate authority regarding whether to approve such mergers.
Below is an excerpt with a link to the full Update.
Are you running a promotional contest or sweepstakes in Canada? We offer a range of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents/forms for running common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen at random by draw) and skill contests (e.g., essay, photo or other types of contests or promotions where entrants must submit content that is judged to enter or to obtain additional entries).
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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June 18, 2019
The Canadian Radio-television and Telecommunications Commission (CRTC), which is one of three Canadian agencies responsible for enforcing Canada’s federal anti-spam legislation (CASL), has begun issuing periodic summaries of its enforcement activities. In its most recent update on June 17, 2019, the CRTC provided an update on enforcement steps for the six-month period from October 1, 2018 and March 31, 2019 (see: Enforcing Canada’s Anti-Spam Legislation (CASL)). Several key highlights from the CRTC’s recent CASL spam related enforcement efforts include:
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
