In 2014, Canada adopted an anti-spam law based on the opt-in
model. Enforcement was predominantly the responsibility of the
Canadian Radio-Television and Telecommunications Commission; along
with the Competition Bureau and Privacy Commissioner. However, as
of July 1st, 2017, Canada's Anti-Spam Legislation* (CASL) will
enable a private right of action. This means that individuals and
organizations that are affected by a violation of sections 6-9 of
CASL will have access to commencing an action before the courts.
Additionally, claims may be brought for violations of section
74.011 of the Competition Act (false or misleading electronic
messages) and sections 7.1(2) and (3) of PIPEDA (e-mail
Sections 6 to 9 of CASL stipulate the restrictions for the
emission of commercial electronic messages (CEMs). Unsolicited CEMs
are prohibited unless the person to whom the message is sent has
consented to receive it – consent may be express or implied.
The message must comply with the prescribed requirements and must
identify who sent the message; provide contact information to
readily contact the person who sent the message, and include an
The maximum statutory damages that the court may order for a
contravention of s.6: $200 for each violation, up to $1
million/day; for ss. 7 and 8: $1 million/day that a contravention
occurred; s.9: $1 million/contravention. As such, this is a call to
businesses to ensure that your current consents, unsubscribe
methods, electronic communication practices and marketing
strategies are in order.
Employee turnover is an unavoidable reality for nearly all businesses. In addition to creating a number of financial and logistical difficulties, employee turnover also raises a number data security issues.
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, ...
While corporate executives are increasingly becoming aware of their obligation to be informed of cybersecurity threats and the steps being taken by their company to prevent data breaches, it is equally important for executives to ensure that the employees are educated with respect to cyber threats.
A recent privacy decision regarding pre-installed software on laptops may have implications for companies operating not only in the traditional hardware space, but for those companies venturing into the burgeoning "Internet of Things" ecosystem.
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