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News and discussion on implementing risk management

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Social Media/Social Networking

Updated: Nova Scotia passes new cyber-bullying legislation

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act. The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act, was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

 

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High-profile sexual harassment claims show a toxic culture can be a product defect

The rapid demise of the Weinstein Co., once one of the most successful movie studios in Hollywood, should have every CEO wondering: What skeletons does my organization have in the closet? And how could they destroy the value of my company’s brands, or the company itself?

 

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Employee misconduct and social media

As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship.

 

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Social impact bonds – investing in communities

Social Impact Bonds (SIBs) are an innovative way for organizations to practice Socially Responsible Investing (SRI). Canada joins other jurisdictions like the United Kingdom, the United States and Australia, in investing in SIBs.

 

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Competition Bureau releases big data white paper for public comment

The white paper provides useful initial guidance on how the Bureau may apply the existing framework under the Act to various competition considerations related to big data and algorithms that have been examined so far.

 

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Expectation of privacy and electronic messaging: The Supreme Court of Canada to dot the “i’s”

It is best to remain abreast of developments in this matter, in order to clearly identify and be up-to-date on any guidelines concerning the disclosure of the content of messages between individuals in a judicial context.

 

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Processes to support information technology effectiveness reviews

This blog post reminds organizations that they should take the time to conduct information technology effectiveness reviews, to evaluate and improve the IT department’s role in achieving the organization’s goals.

 

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Court declines to apply fair dealing copyright exemption in news reporting case

In a recent decision, the Small Claims Division of the Court of Québec has found a newspaper liable for infringement of copyright and moral rights in photographs published without reference to the photographer.

 

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Searches of electronic devices at the Canada/US border

The possibility of arbitrary searches of the electronic devices of persons crossing into the US continues to raise concerns among Canadians and, in particular, privacy regulators. Recent statements (and subsequent legislative amendments) are attempting to address some of the legal issues.

 

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The future of securities regulation of distributed ledger technologies

The following discussion provides a general description of blockchain and distributed ledger technologies (DLT) and the current state of the regulatory landscape in Ontario. To date, the Ontario Securities Commission has not explicitly categorized a blockchain token or coin (which are further discussed below) as an investment contract or other type of security under section […]

 

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Can marketing and compliance share a playbook?

I recently read an article in the Winter 2017 MIT Sloan Management Review, Mastering the Market Intelligence Challenge (Chari, Luce & Thukral). In this work, the authors address how “many multinationals simply import their domestic models into emerging markets.” And whilst this work is directed towards those who deal with market intelligence in emerging markets, the conclusions drawn are equally applicable to those who face compliance challenges in such frontier regions.

 

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Few “likes” for Facebook forum selection clause: Supreme Court finds “strong cause” to not enforce forum selection clause

When engaging with personal information, consulting local privacy counsel is a must. Privacy legislation varies from province to province and failing to appreciate even slight differences can result in class action claims like in the Douez case. Facebook’s preliminary motion was rejected but the class action has yet to be certified. The opinions of the divided Court in Douez could be used to provide supporting arguments for both sides in a situation where the facts are just slightly different.

 

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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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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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