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News and discussion on implementing risk management

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Canadian Radio-television and Telecommunications Commission

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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CASL made clearer: First CRTC decision released

Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.

 

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CRTC’s reminder on record-keeping for CASL compliance

The Canadian Radio-television and Telecommunications Commission issued an enforcement advisory directing businesses and individuals to consider the importance of record-keeping pursuant to Canada’s anti-spam legislation (CASL). Under CASL, the onus remains on the sender of commercial electronic messages (CEMs) to demonstrate that it had the proper consents in place to send CEMs (whether implied or explicit).

 

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Proving consent under CASL: CRTC issues enforcement advisory notice

The Canadian Radio–television and Telecommunications Commission has issued an Enforcement Advisory notice directed to businesses and individuals that send commercial electronic messages (CEMs) as part of their commercial activities. Notably, the sender of CEMs must have the consent of the recipient to send them a message, or else the message is considered spam.

 

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Private right of action under Canada’s Anti-Spam Law (CASL)

As of July 1, 2017, individuals and organizations will be entitled to institute a “private right of action” before the courts against those that contravene certain provisions of Canada’s Anti-Spam Law (“CASL”). In the event of a contravention of the message rules in CASL, a monetary penalty up to a maximum of $1,000,000 per day may be imposed. This private right of action should be taken seriously right now. From this perspective and building on previous publications, this bulletin discusses this new mechanism.

 

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Canada’s anti-spam legislation: Considering CASL in business transactions

Since coming into force on July 1st, 2014, Canada’s Anti-Spam Legislation (“CASL”) has created new concerns and risks that must be addressed in business transactions. This post reviews those concerns in the context of asset acquisitions, specifically the risks associated with the transfer of CASL consents for the purposes of sending marketing messages to business customers.

 

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Recent enforcement activities involving the National Do Not Call Registry

The Canadian Radio-television and Telecommunications Commission (CRTC) has been vigorously pursuing violations of the National Do Not Call (DNCL) Rules, which are a component of the Unsolicited Telecommunications Rules (UTR). The UTRs encompass the National Do Not Call (DNCL) Rules, Telemarketing Rules and Automatic Dialing-Announcing Device (ADAD) Rules.

 

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CRTC sends shot across the bow to international telemarketers

In a precedent-setting ruling, the Canadian Radio-television and Telecommunications Commission (CRTC) has issued its first penalty to a foreign-based telemarketer for violations of the Unsolicited Telecommunications Rules.

 

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Lessons to be learned from Compu-Finder – CASL’s first major target

In last month’s post, I provided some tips to those of you who may be facing a regulatory prosecution under Canada’s now famous (some might say infamous) anti-spam legislation (CASL) . Those tips may of particular interest to Compu-Finder, a Quebec company that has found itself to be the first major target of CASL’s regulatory […]

 

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Marketing compliance news

E-commerce offers tremendous opportunities for non-profits. Large advertising budgets are no longer necessary to reach a broad audience. Volunteers can be more easily coordinated, charitable receipts issued relatively inexpensively, special events registration managed with far less human intervention required. This is all good news for non-profits. But along with this new e-reality have come new e-headaches.

 

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Developing a corporate compliance program under Canada’s Anti-Spam Legislation (CASL)

CASL is now in force As of July 1st, individuals and organizations who send or receive commercial electronic messages (CEMs) in Canada must comply with Canada’s Anti-Spam Legislation (CASL)’s anti-spam provisions. With CEMs being broadly defined, many organizations, including registered charities and not-for-profit organizations, are caught by CASL. Guidelines to help organizations develop corporate compliance […]

 

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How does the new anti-spam legislation affect IT processes?

It should be clear that managing your anti-spam obligations will mean modifying your information technology processes. The CRTC has created comprehensive anti-spam guidelines that demonstrate some of the ways IT will be involved…

 

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Canada’s anti-spam legislation – Information bulletin CRTC 2014-326

On June 19, 2014, the Canadian Radio-Television and Telecommunications Commission (CRTC) published Compliance and Enforcement Information Bulletin CRTC 2014-326. The information bulletin provides guidelines to help businesses and their employees develop corporate compliance programs in order to comply with the rules of CASL that came into force on July 1st, 2014. Although July 1 has passed, it is never to late to take appropriate measures to comply.

 

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Canada’s anti-spam legislation – What is the regulator thinking?!

With only five weeks left before Canada’s Anti-Spam Legislation’s (CASL) main requirements come into force, one of CASL’s regulators, the Canadian Radio-television and Telecommunications Commission (CRTC), has released a series of much anticipated “FAQs” .

 

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Anti-spam legislation: Time to act on commercial electronic communications

It feels like we’ve been saying this for years now, but, as we reported again last Monday. Canadian businesses can expect new legislation governing commercial electronic communication and spam in the coming months.

 

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