Competition Bureau to Focus on Proactive Monitoring, Health and Telecom in the Wake of COVID-19 July 8, 2020 Gideon Kwinter On July 6, 2020, the Competition Bureau released its annual plan, which sets out the Bureau’s priorities and initiatives for the year ahead. This year’s plan, titled “Protecting competition in uncertain times”, demonstrates a focus... Read more
Facebook Pays Multimillion Dollar Penalty in First Case in Canada to Subject Privacy Policies to Misleading Advertising Laws May 25, 2020 Michael Rosenstock The Competition Bureau announced that it has entered into a consent agreement with Facebook to settle an investigation into the company’s privacy disclosures made to users between 2012-2018. As part of the settlement, Facebook agreed to pay $9 million... Read more
Pandemics and Privacy: Key Privacy and Information Security Considerations April 1, 2020 Stikeman Elliott Amidst the challenges and uncertainties presented by COVID-19, many businesses are grappling with the application of privacy laws and related security obligations. In this comprehensive guide, privacy law expert David Elder provides insight... Read more
Website “Blocking Orders” Now Available In Canada November 22, 2019 Kevin K. Graham IP owners have recently gained a new tool to help stop infringement on the Internet. Canada’s Federal Court has, for the first time, issued an order requiring non-party Internet service providers to block access to websites used to operate unauthorized... Read more
You've Been Hacked: Board Cybersecurity Liability and Risk Management August 9, 2019 Prateek Gupta When it comes to cyberattacks, even the mighty fall. From rogue employees to inadvertent leaks, the number of breaches in Canada continues to climb. Cyber-risk management has become omnipresent for boards of directors (boards) across Canada. John MacKay,... Read more
Pushing the Limit: Claims for Privacy Breaches Can Be Filed More Than Two Years After the Breach July 30, 2019 Sheena L. Owens Alberta Court of Appeal clarifies that the limitation period for bringing civil actions for privacy breaches doesn’t start running until the time to appeal an OIPC order expires: Moore’s Industrial Service Ltd. v. Kugler 2019 ABCA 178 The Alberta... Read more
Bank Secrecy Laws (Canada) May 16, 2019 Shawn Smith Wesley R. Ng Shawn Smith and Wesley Ng, who practice in our Technology and Privacy & Data Protection Groups, along with Practical Law Data Privacy Advisors, recently authored the Canadian chapter of Practical Law Company’s Bank Secrecy Laws. This publication... Read more
Digital Businesses Beware: You Could be Liable for the Anti-Spam Violations of Others November 7, 2018 David Elder You may be your brother’s keeper after all, according to Canada’s spam and malware watchdog. In a bulletin likely to send shock-waves through the digital business community, the Canadian Radio-television and Telecommunications Commission (CRTC)... Read more
Wait for it: Government to clarify anti-spam law – eventually April 20, 2018 David Elder Changes may be afoot to clarify the scope of Canada’s Anti-Spam Legislation (CASL), improve public awareness of the law’s requirements and provide greater transparency with respect to its enforcement and investigative process -- although it... Read more
Federal Breach Notification Rules Finalized; In Force November 2018 April 16, 2018 David Elder Rona Ghanbari Nearly 3 years after passing amendments to Canada’s federal private sector privacy law to include mandatory breach notification and record-keeping requirements, the Government has finalized some related regulations and announced that the new obligations... Read more