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Proposed Breach of Security Safeguards Regulations Under PIPEDA have been Released

The Canadian federal government released the proposed Breach of Security Safeguards Regulations under Personal Information Protection and Electronic Documents Act (PIPEDA) on September 2, 2017....more

Cybersecurity: Spear Phishing Covered Under Insurance Policy Where Code Manipulated

Increasingly, insureds faced with cyber fraud losses are going to the courts to interpret their policies. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB 413 [The Brick Warehouse], and in Taylor &...more

Cybersecurity: When Social Engineering Fraud is Not Covered Under Your Insurance Policy

We live in an age of escalating cybersecurity threats. Many intrusion threats are social engineering attacks, which seek to gain entry to an organization's computer systems via its personnel and not a hack to the computer...more

Anonymous Poster of Defamation Unmasked

Anonymity on the Internet has encouraged some to feel they live in a culture that feels no responsibility for what might be posted and where there may be no consequences for what one posts. That is, however, not the case as...more

Personal Liability Under Canada's Anti-Spam Law

Under Canada's Anti-Spam Law (CASL) not only may a corporation that fails to comply be liable to pay a monetary penalty but personal liability may also arise. Section 31 provides that "An officer, director, agent or mandatary...more

Relief as Private Right of Action Suspended Under Canada's Anti-Spam Law (CASL)

By way of an Order in Council dated June 2, 2017, the government of Canada has indefinitely delayed the coming into force of the private right of action under Canada's Anti-Spam Law (CASL)....more

No Charges by ISP for Performing its Duties Under the Notice and Notice Regime

Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures,...more

Bill 202: New Alberta Tort for Non-Consensual Distribution of Intimate Images

Alberta joins those provinces and the Federal government who have enacted protection for intimate images to provide a legal framework to protect those who have such images wrongfully distributed....more

Court Interprets Canada's Anti-Spam Law

There are few businesses who would disagree that Canada's Anti-Spam Law (CASL) is complex and can be confusing. Core prohibitions are extremely broad but equally are exclusions that were put in place by Industry Canada to...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Canada’s Anti-Spam Law: Is Your Business Ready for July 1st, 2017?

On July 1st, 2017, organizations communicating electronically under Canada's Anti-Spam Law ("CASL" or the "Act") will lose the benefit of the transitional provisions, and will become subject to the coming into force of a...more

Establishing the Due Diligence Defence Under CASL

Despite being in force for over two years, many of the key provisions of Canada's Anti-Spam Legislation (“CASL” or the “Act”) remain shrouded in uncertainty. One such provision, for example, is the Act’s due diligence...more

Implied Consent under Privacy Law Reconsidered

The federal private sector privacy regime operates on a consent basis. Unless an exception is applicable consent is needed to collect, use or disclose personal information of another. That consent can be express or implied....more

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016, in which it found that Blackstone Learning Corp. committed nine violations of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation...more

Proposed Investment Tax Credit for Small Tech/Tourism Businesses in Alberta

On September 29, 2016, Alberta’s Minister for Economic Development and Trade was in Calgary to announce a plan to introduce a 30-percent tax credit program for investments in small businesses during the fall sitting of the...more

Enforcement Continues Under Canada’s Anti-Spam Law

Kellogg Canada Inc. has a long history operating in Canada. The CRTC alleged that Kellogg sent commercial electronic messages during a period of October 2014 through December 2014 without the consent of the recipients of the...more

Notice and Notice Regime Does Not Change Law for Obtaining Norwich Orders

Unlike many countries which provide an effective “notice and take down” remedy for copyright owners whose works are wrongly posted on internet sites, Canada has implemented a “notice and notice” regime. In Voltage Pictures,...more

Naughty Secrets – Findings in the Ashley Madison Breach

A quote attributed to FBI Director Robert Mueller is, “There are only two types of companies: those that have been hacked and those that will be”. The assessment of the Ashley Madison cyber-attack has lessons for all...more

Call Centers Feel the Sting of Enforcement Action Under the National Do Not Call List

No one likes unsolicited telephone calls. In response to the nuisance of such calls the Government has set up a National Do No Call list and a regulatory regime managed by the Canadian Radio-television and Telecommunications...more

Software as a Service is a Good?

There has been a revolution in how software is delivered to customers. Traditionally software was licensed in a physical form. The customer traditionally received a copy of the computer program in a tangible form (disk or...more

Further CRTC Investigation Underway

For the second time the CRTC has publicized the execution of a warrant under the CRTC’s powers under Canada’s Anti-spam law (CASL). The investigation is focused on the installation of malware and the altering of transmission...more

1/28/2016  /  Canada , CASL , CRTC , Enforcement Actions , Malware

Not So Fast, Not So Much – Data Protection for Cell Tower Traffic Data

In the context of criminal investigations police in Canada may obtain “tower dump” production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic...more

Canadian Anti-Spam Enforcement 2015: A Year in Review

Over the last year, the Canadian Radio-television and Telecommunications Commission (CRTC) has been active in its enforcement actions under Canada’s Anti-Spam Legislation (CASL). As shown by the following summary of...more

Anti-Spam Enforcement Reaches International Malware Target

The Canadian Radio-television and Telecommunications Commission (CRTC) is one of the key enforcement authorities in respect of Canada’s anti-spam law (CASL). CASL is broader than mere regulation of commercial electronic...more

Unsubscribe Problems Nets Telecommunications Provider Under Anti-spam Law

November 20, 2015 the CRTC announced that Rogers Media Inc had paid $200,000 as part of an undertaking to resolve alleged violations of Canada’s anti-spam legislation (CASL)....more

11/23/2015  /  CASL , CRTC , Due Diligence , Spam , Telecommunications
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