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Inside Internal Controls

News and discussion on implementing risk management

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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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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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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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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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Responding to a complaint under Canada’s anti-spam legislation

Have you or your company received a notice from the Canadian Radio-television and Telecommunications Committee (“CRTC”) that you are the subject of a complaint under Canada’s Anti-Spam Legislation (“CASL”)? If so, you are not alone. Since CASL came into force on July 1, 2014, the CRTC has reportedly received over 210,000 complaints for violations of CASL.

 

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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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