INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more
Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more
The CRTC has overturned a 2018 staff finding that two online advertising intermediaries aided an unknown party with respect to the installation of malware on Canadian government computers, contrary to s. 9 of Canada’s...more
Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more
On June 5, 2020, the Federal Court of Appeal (“FCA“) released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada’s anti-spam legislation...more
When Does CCPA Start? ..The California Consumer Privacy Act (CCPA) is effective January 1, 2020. ..It also includes a 12-month “look-back” period to January 1, 2019. ..It is also important to note that several...more
INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more
While there has been controversy about the enforcement of the electronic communication provisions of Canada's Anti-Spam Law (CASL) due to the ambiguities of the complex scheme, there is widespread support for the anti-malware...more
Canada’s Anti-spam law (CASL) is ambiguous and very onerous to comply with. The parliamentary INDU Committee, that studied the law, made numerous recommendations in order to provide needed clarity to the law. In December...more
On July 1, 2014, the central provisions of the Canadian Anti-Spam Law (“CASL”) came into force. These provisions generally prohibit the sending of a Commercial Electronic Message (“CEM”) without a recipient’s express consent,...more
On July 11, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued notices of violation under Canada’s Anti-Spam Legislation (CASL) and monetary penalties totalling C$250,000, against two...more
Canada’s anti-spam law (CASL) addresses much more than unwanted commercial messages. CASL also prohibits, among other things, installation of software onto a person’s computer without consent. The Canadian Radio-television...more
The European Union’s General Data Protection Regulation (GDPR) came into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to this legislation, the following is...more
We have noted that Canada’s Anti-Spam legislation (CASL) is complex, onerous and ambiguous. In the face of the uncertainties created under the CASL regime, organizations seeking to comply with the law still await substantial...more
Canada’s Anti-Spam legislation (CASL) is a complex, onerous and ambiguous legislative system. The ambiguities were identified in a constitutional challenge that the CRTC acknowledged but ruled did not go to the point of...more
The General Data Protection Regulation (GDPR) goes into effect May 25, 2018. For some professional services firms, preparing for GDPR can pose some daunting challenges. But with some basic guidance, you can prepare your CRM...more
There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement. ...more
On July 1, 2017, an important grace period terminated for Canada’s Anti-Spam Law (CASL), which initially took effect on July 1, 2014. The beginning of this month marked the end of the two-year grace period for entities to...more
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
Canada’s Anti-Spam Law (CASL) went into effect on July 1, 2014, but an important grace period for the law terminates this Saturday, July 1, 2017. That grace period stayed the right of private action under CASL, meaning that...more
DUE DILIGENCE PHASE - Does the Target send commercial electronic messages (CEMs) from Canada and/or to recipients in Canada? CEMs include any email, text message or other direct electronic message that wholly or partly...more
Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more
On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures,...more
In a news release on June 7, the Government announced that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised...more