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June 21, 2014

“Every business and individual has a duty to act lawfully. The Bureau operates on the assumption that all businesses and their senior management wish to comply with the law. Compliance is important for all businesses, regardless of their size, for both legal and practical reasons.

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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 20, 2014

Canada’s CRTC, one of three federal agencies responsible for administering and enforcing Canada’s new federal anti-spam law (CASL), has updated its Canada’s Anti-Spam Legislation page to include more CASL background and compliance materials. CASL comes into force July 1st and also applies to international marketers engaged in electronic marketing to Canadians.

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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 20, 2014

Yesterday, Canada’s CRTC issued new Compliance and Enforcement Guidelines (CRTC Bulletin 2014-326) to assist businesses develop compliance programs to comply with Canada’s upcoming anti-spam law (CASL) and existing do-not-call list rules.

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June 19, 2014

Globe Law and Business recently published a new international advertising law text entitled: International Advertising Law.  Given that I work a lot in the Canadian advertising and marketing law areas, as well as the relative dearth of advertising and marketing law texts generally (both in Canada and internationally), I thought this book was a welcome addition to the field.  It includes, among other things, a survey of the advertising laws in leading jurisdictions including Australia, Canada, China, the United Kingdom and United States, among a number of other key and emerging jurisdictions.

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June 16, 2014

Canada’s federal competition law regulator, the Competition Bureau (the “Bureau”), continues (at least as far as I can tell) to increase its “transparency” efforts posting more materials than perhaps was the case in the past. Earlier today, the Bureau announced two new publications – a Canadian competition law video (see: here) and its contribution to a new OECD Roundtable on competition and airlines (see: Competition Bureau Submission on OECD Roundtable on Airlines).

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June 16, 2014

Stephane Eljarrat, John Bodrug, Jean-Philippe Groleau & Gabriel Querry
(Davies Ward Phillips & Vineberg)
(Reprinted with permission)

On June 13, 2014, the Supreme Court of Canada rendered a key decision in R v. Spencer upholding the right to privacy on the Internet. The Court held that Internet users can reasonably expect that their anonymously undertaken Internet activities remain confidential. It also decided that the authorities’ practice of asking Internet service providers (“ISPs”) to disclose information about their clients pursuant to Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) without a warrant amounted to an unlawful search.

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June 16, 2014

A few days ago I wrote a short post on some of the innovative and new media related ways competition/antitrust enforcement agencies were endeavoring to enforce competition law, raise competition law awareness and encourage compliance (see: Competition Policy: Agencies Growing Digital Channels).  On this theme, a very interesting announcement by the U.S. Federal Trade Commission (FTC) earlier today caught my eye: FTC Launches Contest at DEF CON 22 to Help Track Down Perpetrators of Illegal Robocalls.

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June 13, 2014

For the past little while I’ve been seeing more cases and articles related to advertising challenges based on misleading (or allegedly misleading) first impressions – that is competitor or consumer challenges based on what looks like the real deal, but may be a bit of image or headline claim sleight of hand.

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.