March 25, 2023
CASL (FEDERAL ANTI-SPAM LAW)
COMPLIANCE PRECEDENTS AND CHECKLISTS
Do you need CASL precedents or checklists
to comply with Canadian anti-spam law?
In addition to our legal services, we offer lawyer-prepared CASL compliance precedents and checklists that identify key consent, disclosure and other requirements to send commercial electronic messages (CEMs) to Canadians and provide checklists and templates to comply with CASL.
Our compliance precedents and checklists are an excellent way to mitigate risk and avoid common CASL-related issues, including relating to express consent requests, sender identification information for CEMs, CASL-compliant unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a template CASL corporate compliance program based on the Canadian CRTC’s CASL compliance program recommendations.
All of our Canadian CASL compliance precedents and checklists include practical overviews of each of the relevant requirements, compliance checklists and guidance how to use them.
Our CASL compliance checklists and precedents are Word version documents with PayPal checkout and credit card payment options.
For more information and to order see: CASL Compliance Checklists and Precedents.
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COMMON CASL (CANADIAN ANTI-SPAM LAW) COMPLIANCE ERRORS:
RELYING ON OLD (AGGREGATED) MARKETING LISTS
Canada’s federal anti-spam legislation (CASL) came into force in 2014. Since then, marketers and their advisors have been working to comply with what remains a complex law with outstanding uncertainties in some key areas. In providing CASL advice to clients since CASL came into force, and even over the past several years, I have regularly seen some of the same compliance errors being repeatedly made.
In this regard, one of the most common CASL compliance errors I see are issues relating to relying on old and often aggregated (i.e., combined) marketing lists.
In this regard, it is not uncommon for clients to tell us that they are using an old (sometimes pre-CASL) distribution list and that they are not sure whether or how any express or implied consents were gathered. Commonly, such lists are not regularly reviewed or scrubbed of names where consent to send electronic messages no longer exists or a CASL exemption no longer applies.
March 16, 2023
On March 15, 2023, Canada’s federal Competition Bureau (Bureau) announced that it had launched a new competition law Compliance Portal (see: Consultation on new Compliance Portal).
March 9, 2023
On March 8, 2023, Toronto’s CityNews reported that some entrants into Tim Hortons (Tim’s) iconic Canadian Roll Up To Win contest were notified via Tim’s app that they had won a $10,000 American Express pre-paid card, when the notification was the result of a technical error (see: Roll Up To Win players upset after $10K AMEX card win was result of technical error).
February 20, 2023
On February 20, 2023, the Canadian Competition Bureau (Bureau) announced that it had obtained a court order (presumably an order under section 11 of the Competition Act) in relation to potential abuse of dominance conduct engaged in by a Quebec real estate board (the Quebec Professional Association for Real Estate Brokers (QPAREB)). See: Competition Bureau obtains court order to advance an investigation of competition in Quebec real estate services market. For more information about Bureau investigations and compulsory production orders, see: Competition Law Enforcement.
February 15, 2023
A promotional contest law question we commonly receive is whether Canadian contest/sweepstakes laws apply if a contest is only open to a company’s or other organization’s employees or personnel. These types of contests/sweepstakes are sometimes called “closed loop” contests or promotions because they are not open to the general public and only internal personal of a company or other type of organization can enter and participate.
January 31, 2023
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update that discusses new proposed Competition Bureau guidelines on wage fixing and no-poaching agreements under section 45 of the Canadian Competition Act.
Below is an excerpt with a link to the full Legal Update.
January 26, 2023
CASL (FEDERAL ANTI-SPAM LAW)
COMPLIANCE PRECEDENTS AND CHECKLISTS
Do you need CASL precedents or checklists
to comply with Canadian anti-spam law?
In addition to our legal services, we offer lawyer-prepared CASL compliance precedents and checklists that identify key consent, disclosure and other requirements to send commercial electronic messages (CEMs) to Canadians and provide checklists and templates to comply with CASL.
Our compliance precedents and checklists are an excellent way to mitigate risk and avoid common CASL-related issues, including relating to express consent requests, sender identification information for CEMs, CASL-compliant unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a template CASL corporate compliance program based on the Canadian CRTC’s CASL compliance program recommendations.
All of our Canadian CASL compliance precedents and checklists include practical overviews of each of the relevant requirements, compliance checklists and guidance how to use them.
Our CASL compliance checklists and precedents are Word version documents with PayPal checkout and credit card payment options.
For more information and to order see: CASL Compliance Checklists and Precedents.
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Canada’s federal anti-spam legislation (CASL) came into force in 2014. Since then, marketers and their advisors have been working to comply with what remains a complex law with outstanding uncertainties in some key areas.
January 10, 2023
A Canadian contest/sweepstakes law law question that we commonly receive from our clients is how the “no purchase required” entry option works for Canadian contests/sweepstakes.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
