2018

Events Legal

Privacy and Data Protection Luncheon (Toronto Sept. 27th): GDPR, new breach notification and consent requirements

BLG is organizing a privacy luncheon on September 27th in Toronto. Privacy and data protection continue to be top business and legal risks for Canadian organizations. Recent legal developments impose significant new restrictions and requirements for the handling of personal information, and expose Canadian organizations to potentially substantial risks and liabilities. I will be presenting […] Read more

Legal News

Séminaire en protection de la vie privée le 26 septembre à Montréal: RGPD, nouvelles obligations relatives aux atteintes à la sécurité et à l’obtention du consentement

BLG organise un séminaire sur le respect de la vie privée et la protection des renseignements personnels le mercredi 26 septembre 2018 à notre bureau de Montréal. Le respect de la vie privée et la protection des renseignements personnels figurent toujours parmi les plus grands risques commerciaux et juridiques auxquels sont exposées les entreprises canadiennes. Je […] Read more

Legal News

Loss of Legal Privilege over Cyberattack Investigation Report (Kaplan v. Casino Rama Services)

Cyber incident response activities often involve the creation of forensic investigation reports that might be protected by legal privilege, depending on the purpose of the reports and the circumstances surrounding their creation and use. The 2018 Ontario Superior Court decision in Kaplan v. Casino Rama Services illustrates how an organization can lose the right to […] Read more

Legal News

Privacy Business Risks on the Rise: Privacy Concerns can Lead to Significant Loss in Market Value

Business risks resulting from consumer privacy concerns are on the rise. Last week, Facebook and Twitter reported second quarter results which revealed that both companies lost a significant number of active users due to privacy and data protection concerns. Their stock price plummeted by approximately 20 per cent each, resulting in a combined loss in market […] Read more

Legal News Publications

Public Facebook Profiles Not Equivalent to Public Information Under PIPEDA

In its most recent report of findings entitled “Company’s re-use of millions of Canadian Facebook user profiles violated privacy law,” the Office of the Privacy Commissioner (the “OPC”) dealt with the often confusing issue of personal information that is publicly available and confirmed its view that Facebook profiles that are set to public are not considered “publicly […] Read more

News

CASL Enforcement Action – $250,000 in Penalties for Aiding the Distribution of Malvertising

On July 11, 2018, the Canadian Radio-television and Telecommunications Commission issued notices of violation under Canada’s Anti-Spam Legislation (commonly known as “CASL”) against two online advertising businesses for allegedly aiding the installation of malicious computer programs through the distribution of online advertising. The enforcement action illustrates how CASL imposes liability on an organization that aids […] Read more

News

Government of Canada Responds to ETHI Committee Report on PIPEDA Review

The Government of Canada has responded to the February 2018 report by the Standing Committee on Access to Information, Privacy and Ethics (“ETHI” or “Committee”) on the review of the Personal Information Protection and Electronic Documents Act (“PIPEDA”). As we summarized in a previous bulletin, the ETHI’s report, entitled “Towards Privacy by Design,” discussed many topics and provided […] Read more

News

Update to Québec’s Proposed Loyalty Program Rules

In a previous bulletin Ontario and Québec Set to Update Legal Requirements on Loyalty Programs, we highlighted the recent legislative changes regarding loyalty/rewards programs that have been implemented in Ontario and confirmed in Québec. Ontario’s rules on loyalty programs and associated regulations came into force on January 1, 2018, with a retroactive effect to October 1, […] Read more