David Elder is counsel who practises communications, competition and privacy law. He is Chair of the Communications Group and a member of the Competition & Foreign Investment, Privacy & Data Protection, Government Relations, and International Regulation & Compliance Groups. He also serves as the firm’s Chief Privacy Officer.
David is recognized as one of the country’s foremost authorities on Canada’s Anti-Spam Legislation (CASL), having been involved in all stages of the development of the new law, including making formal submissions on behalf of a number of clients and having successfully worked to help secure some key amendments to the law and regulations during the legislative process. He has advised many clients with respect to the interpretation and application of the new law, as well as assisting businesses with the development of anti-spam compliance programs. He is in high demand as a speaker on the topic of CASL.
With respect to privacy matters, David provides privacy compliance advice to a wide range of Canadian and international businesses, including technology companies, on-line service providers, manufacturers, wholesalers and retailers, conducting both "bricks and mortar" and online activities. He also provides advice with respect to managing data breaches and navigating privacy issues arising in M&A transactions. David serves as Special Digital Privacy Counsel to the Canadian Marketing Association, in which role he advocates and advises on a range of electronic privacy issues, including spam regulation, including representing the CMA before several Parliamentary Committees.
In his communications law practice, David has provided legal and strategic advice with respect to a wide range of broadcasting and telecommunications proceedings, including those relating to licensing, policy matters and competitive disputes. In various written, oral, expedited and dispute resolution proceedings he has advocated on behalf of clients before the CRTC, Industry Canada, the Federal Court of Appeal, the Privacy Commissioner of Canada and several Parliamentary Committees and working groups.
He serves a broad range of clients in the communications industry including broadcasters, broadcasting distributors, Internet content providers, software-as-a-service providers, property developers, government departments and agencies, industry associations and telecommunications service providers employing Internet, wired, wireless and satellite technologies.
David is also one of Canada’s leading practitioners in the area of unsolicited telecommunications. He has many years of experience in this area, assisting, during his tenure as counsel with the CRTC, with the development of some of the current rules, and in subsequent roles, arguing some of the key cases dealing with the interpretation and application of the Unsolicited Telecommunications Rules. He has advised a range of clients with respect to compliance with these Rules and National Do Not Call List requirements, including representing clients with respect to investigations and enforcement action by the CRTC.
David is editor of the firm’s Communications Law blog on legal and policy developments relating to communications. He is also a Research Contributor to the “Privacy Interviews with Experts Series” published by Nymity News, an international provider of privacy information, compliance and accountability solutions.
Professional Activities
David is an Executive Member of the Canadian Bar Association National Privacy & Access Law Section. He is past Chair of the National Entertainment, Media & Communications Law Section of the Canadian Bar Association and a member of the Steering Committee for the biennial Law Society of Upper Canada / Canadian Bar Association Communications Law and Policy Conference. He is also an active member of the International Committee of the Antitrust Law Section of the American Bar Association. He has been an active member of the Information Technology Association of Canada and the Canadian Wireless Telecommunications Association and is the former chair of the Lawful Access Committee of the Canadian Association of Internet Providers.
David is frequently interviewed by the media and is cited and asked to comment on communications, competition, and privacy law matters. He has been quoted in various publications, including Law Times, Financial Post, The Wire Report, Bloomberg, Law Technology News, Lexpert Magazine, National Post, Globe and Mail.
Background
David has over 20 years’ experience gained in private practice, government and corporate settings. He was formerly Vice President, Regulatory Law with Bell Canada, where he also served as Bell Privacy Ombudsman, the equivalent of Chief Privacy Officer. He has also served as Legal Counsel to the CRTC. Immediately prior to joining Stikeman Elliott, David had his own law practice in Ottawa, specializing in communications and privacy law.
David is involved in a number of community and charitable endeavours, including the March of Dimes and Plan Canada. He is a Board Member of the Sir Ernest MacMillan Memorial Foundation, a charitable organization that provides financial support to young musicians in the pursuit of their advanced education and career development.