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News
CASL Enforcement Decision — Interpretive Guidance for Compliance and Penalties
Éloïse Gratton November 22, 2017
On October 19, 2017, the Canadian Radio-television and Telecommunications Commission issued Compliance and Enforcement Decision CRTC 2017-368 in a contested enforcement proceeding, imposing a $200,000 penalty on Compu.Finder for violating Canada’s Anti-Spam Legislation (commonly known as “CASL”) by sending 317 commercial emails without the recipients’ consent and in some instances without a compliant unsubscribe mechanism. […] Read more
News
Ontario and Quebec Set to Update Legal Requirements on Loyalty Programs
Éloïse Gratton November 17, 2017
There has been uncertainty in Canada with regards to whether consumer-incentive programs involving loyalty or rewards points fall under the scope of provincial consumer protection laws, given their free nature. Loyalty programs encourage consumers to be loyal to a specific merchant in exchange for the opportunity to obtain goods and services either at a discounted […] Read more
News
G-7 Guidelines for Cybersecurity Assessment
Éloïse Gratton October 27, 2017
On October 13, 2017, the Group of Seven countries, including Canada, the United Kingdom and the United States (the “G-7”), issued a report titled G-7 Fundamental Elements for Effective Assessment of Cybersecurity in the Financial Sector (the “G7FEA”) to provide guidance for effective cybersecurity assessments by financial sector organizations. The G7FEA supplements the G-7’s 2016 report titled G7 […] Read more
Legal News
Cybersecurity Guidance from Canadian Securities Administrators
Éloïse Gratton October 26, 2017
On October 19, 2017, the Canadian Securities Administrators (“CSA”) published Staff Notice 33-321 Cyber Security and Social Media to report on a survey of cybersecurity and social media practices by firms registered to trade securities or to advise clients regarding securities, and to provide guidance regarding cybersecurity and social media practices. The Staff Notice supplements the CSA’s […] Read more
News
Demers v. Yahoo Inc: Québec Court Confirms that Québec Consumer Law Applies to Free Online Services
Éloïse Gratton October 24, 2017
In a September 19, 2017 decision in Demers v Yahoo! Inc., the Québec Superior Court rejected Yahoo! Inc. and Yahoo! Canada Co.’s (collectively, “Yahoo”) motion to dismiss a motion for authorization of a class action resulting from two highly publicized data security incidents that occurred in 2013 and 2014. This decision has important implications for […] Read more
Events Legal News
2017 IT.CAN 21st Annual Conference (Toronto October 23-24)
Éloïse Gratton October 22, 2017
The 2017 IT.CAN 21st Annual Conference is taking place on October 23–24, at the St. Andrew’s Club and Conference Centre 150 King St. West, 16th Floor, Toronto. I will participate on a panel entitled “Legal Control of Internet Content: Who Decides and What is the Impact?” with co-panelists Curt Howard, Head of Legal, Google Canada […] Read more
Legal News
The European Union General Data Protection Regulation – A Primer for Canadian Organizations
Éloïse Gratton October 20, 2017
The European Union General Data Protection Regulation (the “GDPR”), which will come into force in May 2018, is a significant evolution in personal data protection laws, and is materially different in important respects from the Canadian Personal Information Protection and Electronic Documents Act and similar provincial laws. The GDPR is complicated and nuanced, with permitted variances among European Union […] Read more
News
IAPP – Privacy. Security. Risk. 2017 (San Diego October 16-18)
Éloïse Gratton October 14, 2017
I will be attending the IAPP PSR 2017 annual event in San Diego (October 16-18) and presenting on the following topic “Learn From my Fail: Avoiding Privacy Program Snafus & Screw-Ups” with the following co-panelists: Lael Bellamy, CIPP/US, CPO, The Weather Channel Peggy Eisenhauer, CIPP/US, Founder, Privacy & Information Management Services Eloïse Gratton, Partner and National Co-leader, Privacy and Data Protection Jules […] Read more
News
B.C. Supreme Court Certifies National Class Action for Financial Institution Data Breach
Éloïse Gratton October 4, 2017
In August 2017, the British Columbia Supreme Court issued its decision in Tucci v. Peoples Trust Company, certifying a national class action lawsuit against Peoples Trust Company relating to a 2013 breach of customers’ personal information. The decision demonstrates how Canadian courts approach the certification of data breach class actions. Read more
News
The OPC Publishes its Report on Consent
Éloïse Gratton September 25, 2017
In May 2016, the Office of the Privacy Commissioner of Canada (OPC) published a discussion paper and launched a consultation on consent under the Personal Information Protection and Electronic Documents Act (PIPEDA) with the objective of identifying potential enhancements to the consent model and better defining the roles and responsibilities of the actors who could […] Read more
