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Inside Internal Controls

News and discussion on implementing risk management

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commercial activity

Defending a lawsuit is not a “commercial activity” under privacy legislation

In a case dating back to 2016 but just recently published, the Office of the Privacy Commissioner of Canada has ruled that the collection and use of a plaintiff’s personal information for the purpose of defending against a civil lawsuit is not a “commercial activity” and, as such, the Personal Information Protection and Electronic Documents Act does not apply.

 

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Charities and related businesses

Registered charities, except charities designated as private foundations, may run related businesses; however, the Income Tax Act does not define what a related business is except to state that a volunteer-run business is to be considered a related business even if there is no link between the business and the objects of a charity.

 

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CASL computer program provisions come into force January 2015

Effective January 15, 2015, new rules under the Canada’s anti-spam legislation (CASL) will impose an express consent regime on the installation of a computer program on another person’s PC, smartphone or other computer-based device. The rules will apply to almost any computer program, not just malware/spyware/harmful programs.

 

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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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Are you ready for the anti-spam legislation? Part 1

Spam emails—everyone receives them, no one particularly likes them. Some of us delete them. Some of us simply ignore them. But, are they such a problem that requires all Canadian businesses, big or small, to overhaul how they communicate with their customers and potential customers?—You be the judge.

 

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Slaw: Adjudicator decides Legal Aid Society a not-for-profit subject to PIPA

On February 11, 2013, an adjudicator of the Alberta Office of the Information and Privacy Commissioner decided that Alberta’s Legal Aid Society is subject to the Personal Information Protection Act (PIPA), with consequences for all non-profit organizations that conduct activities with a commercial character. . .

 

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New Canadian anti-spam laws on the horizon

Back in 2010, Bill C-28 (Fighting Internet and Wireless Spam) was passed by Parliament and received royal assent. It was expected to come into force in 2012, but delays in drafting the regulations mean that 2012 came and went without a coming-into-force date having been announced. This delay gives Canadian businesses, and any foreign entities that do business with Canada, more time to carefully consider what the legislation will require of them. The government will also grant a period between the publication of the finalized regulations and the coming into force of the legislation so that affected organizations have time to read and comply.

 

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What do I need to know about Canada’s new anti-spam legislation?

Canada’s anti-spam legislation is expected to be declared in force in 2013. It will regulate most forms of commercial electronic messages sent to Canadians, including email, text messages and messages sent through social media. Under the anti-spam legislation, either express or implied consent is required before sending commercial electronic messages. In addition, the message must comply with prescribed information disclosures, and a mechanism to unsubscribe must be provided.

 

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