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News and discussion on implementing risk management

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Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force.

 

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Don’t outsmart yourself: AI and compliance

I’m a big fan of artificial intelligence. The older I get, the more I appreciate that real intelligence needs all the help it can get. Corporate ethics and compliance officers, however, need to pause before betting big on AI as a solution to all our needs.

 

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Website operator jailed for distributing copyright infringing copies of musical works: R v Evans

Is operating a website that provides links to torrent websites which facilitates unauthorized downloading of musical works a criminal offence? If so, can the operator of such sites expect jail time as punishment for this crime? In a recent decision of the English and Wales Court of Appeal, the accused, Mr Evans, was convicted of two offences of distributing infringing copies of musical works and was sentenced to 12 months in prison for these crimes.

 

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CASL’s private right of action for Competition Act reviewable conduct

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.

 

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Real answers to common questions on cybersecurity

Every day there is something in the news about organizations generally of all different sizes that have been breached and have had to deal with the impact of the loss, compromise or destruction of data. Making key decision-makers aware of the general threat landscape is helpful, but more helpful is making them aware of the threat landscape specific to your organization.

 

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The sharing economy expands the tax base

The sharing economy has disrupted the traditional taxi, hospitality and other sectors, and is expanding the tax base available to governments and revenue agencies worldwide.

 

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Lawful access: The Privacy Commissioner reiterates its position

Patricia Kosseim, Senior General Counsel and Director General, Legal Services, Policy, Research and Technology Analysis for the Office of the Privacy Commissioner of Canada, was asked, at the request of Commission’s counsel, to provide an overview of the legislation for protecting privacy in Canada and to answer questions about lawful access issues from a federal perspective.

 

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CCOs say policies are getting stronger; adoption of technology – not so much

KPMG recently published its latest survey of chief compliance officers. The report highlights the increasing value of effective Compliance. It also reveals growing pains of our industry, specifically in maximizing efficiencies.

 

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Is there a duty of device security? U.S. regulator fires warning shot over obligations of IoT manufacturers

A complaint filed by the U.S. Federal Trade Commission against D-Link Corporation, a Taiwanese computer networking equipment manufacturer, and its U.S. subsidiary, is raising questions about the extent of responsibility that networking equipment manufacturers may have for the security of their products, and how much of that responsibility rests with consumers and end users.

 

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Biometric data: What if you “lost” your fingerprint?

Biometric authentication is becoming increasingly common. Smartphones and computers use it, banks have started to use it, and recently MasterCard began rolling out “selfie pay” allowing users to authenticate online payments by using their face at the point of sale. Biometric authentication refers to the validation of a user’s identity by measuring physical or behavioral characteristics. Biometric samples may include fingerprints, retinal scans, palm scans, face and voice recognition.

 

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Why do so many practitioners misunderstand risk?

My apologies in advance to all those who talk about third–party risk, IT risk, cyber risk, and so on. We don’t, or shouldn’t, address risk for its own sake. That’s what we are doing when we talk about these risk silos. We should address risk because of its potential effect on the achievement of enterprise objectives.

 

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CASL and private right of action

Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.

 

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Top 10 most read Inside Internal Controls posts 2016 & Season’s Greetings

We are signing off with a list of the top 10 most read Inside Internal Controls posts 2016. Privacy issues and director’s liability seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read Inside Internal Controls posts 2016 Director’s liability […]

 

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Canada implements expanded WTO agreement

In December 2015, over 50 WTO members, including Canada, gathered at the Nairobi Ministerial Conference, and agreed to the expansion of the Information Technology Agreement (ITA), a WTO agreement that aims to eliminate tariffs on IT products. The ITA was originally concluded by 29 participants in 1996. It now has over 82 participants, representing around 97 per cent of world trade in IT products.

 

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