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Inside Internal Controls

News and discussion on implementing risk management

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CEMs

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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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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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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The primary purpose test – deciphering CASL’s charities exemption

What about registered charities? Are they required to comply with CASL’s requirements or are they exempt from compliance? The answer to that question was made somewhat clearer on July 4, 2014.

 

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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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Canada’s anti-spam legislation – myths and misconceptions

Over the past months, I have been writing, lecturing and advising on Canada’s anti-spam legislation (CASL). In discussing the legislation, I have encountered many myths and misconceptions about CASL and its implications. This is not surprising. The legislation and accompanying regulations create a complex and often confusing regulatory regime that contains more questions than answers.

 

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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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