Things to know Computer program provisions in Canada’s Anti-Spam Law (known as CASL) impose express (opt-in) consent rules on the installation of a computer program (including updates) another person’s laptop, smartphone, desktop, gaming console or other computing device.  It is prohibited for a website to automatically install software on a visitor’s computer without getting consent, […]

Things to know The Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited  Telecommunications Rules: restrict which consumer phone numbers telemarketers can contact for solicitation purposes. restrict calling hours.  prescribe information that must be disclosed.  restrict the use of Automatic Dialing-Announcing Devices (ADADs). impose record-keeping obligations. Active enforcement by the CRTC, including maximum fines of up to […]

Things to know Canada’s Anti-Spam Law (known as CASL) is likely the most comprehensive e-messaging law in the world.  CASL applies to “commercial electronic messages” (CEM), which is defined very broadly to include almost all email, SMS, instant messaging and at least some social media communications sent for a commercial purpose.  CASL applies to messages […]

Things to know Canadian privacy laws apply to the collection, use and disclosure of personal information through mobile apps.  Privacy regulators have issued detailed guidanceon how they expect app developers to overcome the challenges of small mobile device screens and the speed of the mobile app development cycle.  Mobile app developers have been targeted in […]

Things to know Canadian privacy regulators take the position that the information involved in tailoring ads for users based on their online activities or contact information generally constitutes personal information. Opt-out consent for online behavioural advertising (OBA) is generally considered reasonable, provided certain conditions are met. Things to do Provide notice to individuals at the […]

Things to know Private sector privacy laws permit organizations in Canada to transfer personal information to another jurisdiction for processing, but does impose conditions.  Public sector privacy laws in some provinces (British Columbia and Nova Scotia) prohibit personal information in the custody or control of public bodies from being stored or accessed outside of Canada, […]

Things to know Canada broadly regulates the collection, use and disclosure of personal information in the course of commercial activity.  Canada’s privacy laws apply to organizations collecting personal information of Canadian residents, even if those organizations are located outside of Canada.  Personal information is defined to cover “information about an identifiable individual”, regardless of whether […]

Things to know Many foreign companies use a .CA domain name to build goodwill and target consumers in Canada.  All .CA domain names must be registered by individuals or companies that meet “Canadian Presence  Requirements” — even if the domain name is being used only to re-direct internet traffic to another URL. Options for meeting […]

Things to know TRADE SECRETS  Trade secrets are a form of intellectual property.  A broad range of information can be considered trade secrets, including for example formulas, processes, designs, production methods, customer lists and business plans.  Information will only be protected by trade secret if it is confidential (known to relatively few people and not […]