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News and discussion on implementing risk management

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CASL

Canada’s anti-spam law is hurting MSPs

The Canadian Government wants to cut down on the number of spam people receive. This is a good thing, right? However, the way they’ve gone about doing this is hurting businesses.

 

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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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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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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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“Do Not Call” means Do Not Call: CRTC enters into MOU with FTC on Spam and Unsolicited Telecommunications

On March 24, 2016, the Canadian Radio-television and Telecommunications Commission (“CRTC”) signed a memorandum of understanding (“MOU”) with the United States Federal Trade Commission.[1] This MOU is an effort by Canada and the United States to work together on anti-spam enforcement measures, and expressly refers to unsolicited telecommunications, unsolicited commercial electronic messages (spam), and other unlawful electronic threats (e.g., malware and botnets).

 

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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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Test your knowledge of CASL

The current release of Finance and Accounting PolicyPro updates the policy on Canada’s anti-spam legislation (commonly known as “CASL”). Test your knowledge of CASL with the following questions, then review the answers below to see how well you did.

 

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Rogers gets $200,000 fine for faulty email unsubscribe function

For an entire year after Canada’s new anti-spam legislation (CASL) came into force, Rogers Media failed to act on complaints that email recipients were having trouble unsubscribing from the company’s marketing emails. The CRTC fined Rogers $200,000 for several related infringements of the law that occurred between July 2014 and July 2015.

 

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Canada’s anti-spam regulator continues to issue advisories, hunt for infringers: key messages for business

This fall, more than a year after Canada’s anti-spam legislation (CASL) came into force, it is abundantly clear that the regulator, the Canadian Radio-television and Telecommunications Commission, is taking its new responsibilities very seriously. In the latest developments, the CRTC recently issued an Enforcement Advisory and further Guidance on Implied Consent. The CRTC’s message is […]

 

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CASL one year later – Lessons learned

On July 1, 2015, Canada’s Anti-Spam Legislation (CASL) celebrated its one year anniversary. How has CASL been enforced during its first year and what lessons can be learned from its enforcement?

 

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