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CASL Guidance for Registered Charities

Posted in Anti-Spam

Canada’s Anti-Spam Legislation (“CASL”), which came into force on July 1, 2014, is considered to be the toughest commercial electronic messaging (“CEM”) legislation in the world, with substantial fines for violations (including fines up to $10 million for organizations).

While CASL’s prohibition on sending CEMs (without adhering to prescribed consent, form and unsubscribe requirements) applies to all organizations, the regulations exempt CEMs sent by a registered charity (as defined under Canada’s federal Income Tax Act) where the primary purpose of the CEM is to raise funds for the charity.

Registered charities making efforts to comply … Continue Reading

Tech Summit 2013 Recap – Innovation in Outsourcing

Posted in Contracting/Outsourcing

At McCarthy Tétrault’s 3rd Annual Technology Law Summit, Charles Morgan, Barry Sookman, George Takach (all of McCarthy Tétrault) and John Chang of PricewaterhouseCoopers were featured in the Innovation in Outsourcing panel. Top takeaway tips from the session include:

Do your Diligence: You would never buy a company without performing comprehensive diligence first, and you should take the same approach to signing an outsourcing contract. Diligence ought to be thorough and rigorous – go to the facility where your data will be stored and ask tough questions about network latency, data security, service levels, technical infrastructure and privacy.… Continue Reading

How to “.Com”ply with Disclosure Rules for Digital Advertising

Part 2: Tips for Businesses Advertising Online in the U.S.

Posted in Consumer Protection, E-Commerce, Regulatory Compliance

In Part 1 of this blog series on digital advertising, we canvassed the disclosure rules in light of the recent the U.S. Federal Trade Commission’s recent publication, “.com Disclosures, How to Make Effective Disclosures in Digital Advertising”. In Part 2 of this blog series, we will set out some tips and guidelines to assist businesses in complying with the disclosure rules and avoid falling afoul the FTC.

Entities conducting business online in the U.S. ought to consider whether its advertising meets these guidelines:

  1. Prominent and Unavoidable: Disclosure should be at least as large as the related claim and
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How to “.Com”ply with Disclosure Rules for Digital Advertising

Part 1: Avoiding Deceptive Advertising in the Digital Age

Posted in Consumer Protection, E-Commerce, Regulatory Compliance

Does the medium matter? According to the U.S. Federal Trade Commission’s recent publication, “.com Disclosures, How to Make Effective Disclosures in Digital Advertising”, consumer protection laws apply equally to all forms of media and devices, including smartphones, tablets, Facebook, Twitter and the internet. The new FTC guidance, released on March 12, 2013, is an update to the FTC’s 2000 publication, “Dot Com Disclosures”.

As a general rule, the FTC requires that an advertiser provide additional information when an ad makes a claim, express or implied, that might be misleading without more information. To be effective, that … Continue Reading