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Inside Internal Controls

News and discussion on implementing risk management

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Mobile Device Management

Conducting an internal investigation? Here are 4 things to consider

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Many internal investigations (such as harassment claims, fraud, misuse of company assets, etc) often involve the use of digital devices and may require a forensic analysis of those devices to find evidence of an employee’s actions.

 

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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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What HR needs to know about investigating an employee’s digital activity

You’ve been asked to review the digital activity of an employee. Your company has some concerns, and wants you to investigate. With the amount of enterprise-level technology and controls that most companies now have, shouldn’t that be fairly straightforward?

 

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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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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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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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Cyber and reputation risk are dominoes

As I was reading the book, I realized that I have a problem with organizations placing separate attention to reputation risk and its management. It’s simply an element, which should not be overlooked, in how any organization manages risk – or, I should say, how it considers what might happen in its decision-making activities.

 

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Cyberbullying and revenge porn: An update on Canadian law

The current nature of social media and, more broadly, the Digital Age, continues to create challenges for legislators and law enforcement officials alike. One such challenge arises in the cyberbullying context, where intimate (or otherwise private) images are uploaded to the Internet. These files can be copied, forwarded and shared instantaneously, making them seemingly impossible to delete retrospectively. There have been developments in both common law in statute.

 

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When an acceptable level of risk is not acceptable

We are used to identifying a risk, analyzing the potential consequences and their likelihood, and then establishing a ‘risk level’. We evaluate whether the level of risk is acceptable or not, based on risk appetite, risk criteria, or the like. But is that sufficient?

 

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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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