Many businesses have harnessed cloud computing to improve the way they manage and deliver computing resources. The benefits of cloud computing include cost effectiveness, scalability and accessibility. However, since cloud computing services are provided through a shared pool of computing resources, which often includes the storage and processing of data in third-party data centres, the cloud computing model has inherent risks related to service uptime, records retention, and data privacy and security. Lawyers should approach cloud computing with caution because of these risks, the highly confidential information they hold on behalf of their clients, and their professional responsibilities.
This … Continue Reading
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
Canadian organizations with control over personal information should be aware of the privacy vulnerabilities of Heartbleed and their related legal obligations. Below, we have summarized: (1) the risks of Heartbleed; (2) the notification obligations of organizations that have experienced a privacy breach; (3) amendments to those obligations, as proposed by the federal government; and (4) recommendations to protect your organization from privacy breaches and legal liability.
Heartbleed is a serious security vulnerability that exists in certain versions of the OpenSSL software. OpenSSL is an open source software module created to implement certain cryptographic functions and provide various utility functions. … Continue Reading
The number of Canadian businesses accepting virtual currencies as a form of payment is growing. Bitcoin is emerging as the most popular of these new currencies – none of which are subject to a central authority. Governments, including Canada’s federal government, are starting to take note, expressing opinions on the applicability of domestic laws and proposing new regulations. It is still early days for virtual currencies, however, and uncertainty remains. Before your business decides to accept Bitcoin as a form of payment, consider the practical and legal risks outlined below.
Complying with Anti-Money Laundering and Anti-Terrorist Financing Regulations
Compliance with … Continue Reading