Archive for the 'Publications' 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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May 6, 2019
My new Canadian Lawyer column discusses the increased potential liability for directors and officers of companies that violate Canada’s federal anti-spam legislation (CASL). Recently the CRTC, which jointly regulates Canada’s anti-spam legislation (together with federal privacy and competition law regulators), has both commenced enforcement against directors and officers of companies engaged in alleged illegal electronic marketing and issued detailed (and, for companies, troubling and challenging) guidelines relating to third party liability for CASL violations. These important CRTC developments need to be carefully reviewed by both directors and officers of companies engaged in electronic marketing, as well as third parties (e.g., marketing and advertising agencies) that are assisting companies in their electronic marketing campaigns.
March 12, 2019
Practical Law Canada has published a New Legal Update, which discusses the updated Abuse of Dominance Enforcement Guidelines issued by the Competition Bureau. This Update includes a summary of key changes, updates based on the landmark Toronto Real Estate Board abuse of dominance case, as well as shifts in the Bureau’s abuse of dominance related enforcement policies.
Below is an excerpt with a link to the full Update.
January 29, 2019
Practical Law Canada has published a New Legal Update, which discusses recent Competition Bureau advocacy efforts in British Columbia’s liquor sector. In addition to the ability to commence informal and formal investigations and bring proceedings before the Competition Tribunal and courts, the Bureau may also (and increasingly does) engage in advocacy to encourage more competition in key sectors. Such efforts by the Bureau supplement its other enforcement powers where, for example, it does not have the ability to rely on its enforcement tools under the Competition Act (e.g., in provincially or federally regulated markets). In addition to being another avenue for the Bureau to encourage competitive Canadian markets, its advocacy powers also offer market participants an additional potential avenue of remedies to address anti-competitive activities.
Below is an excerpt with a link to the full Update.
December 19, 2018
My new Canadian Lawyer column has been posted. It’s a bit of a light hearted tiptoe through the slightly eccentric world of lawyer Christmas, er, holiday cards: Holiday cards, marketing & lawyers. Wishing all my clients and colleagues a safe and happy holiday season!
December 16, 2018
Emond asked me to review their new Canadian competition law text, Competition Enforcement and Litigation in Canada, authored by Antonio Di Domenico.
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 4, 2018
On December 3, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a summary of its anti-spam legislation (CASL) enforcement over the past six months (from April 1, 2018 to September 30, 2018) (Enforcement Highlights). See: Enforcing Canada’s Anti-Spam Legislation (CASL): Actions Carried Out by the CRTC Between April 1, 2018 and September 30, 2018. While CASLhas been in force now for more than four years, the CRTC’s Enforcement Highlights provides a useful snapshot of the CRTC’s CASL enforcement priorities. It is also a useful guide for electronic marketers to key areas of potential anti-spam law related risk. For an overview of CASL, see: Anti-Spam (CASL).
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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November 7, 2018
On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued new guidelines on its enforcement approach in relation to aiding and inducing violations of Canada’s federal anti-spam legislation (CASL) (Compliance and Enforcement Information Bulletin CRTC 2018-415). Importantly, CASL applies not only to those that, for example, send unsolicited electronic messages without complying with CASL’s consent, identification and unsubscribe requirements, but also to anyone that aids, induces, procures any act that violates CASL (CASL, section 9).
October 15, 2018
My new Canadian Lawyer column discusses the Canadian Competition Bureau’s newly updated Immunity and Leniency Programs.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
