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Category Archives: E-Commerce

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Bitcoin accepted here? Funding M&A transactions by way of Bitcoin

Posted in E-Commerce, M&A/Finance

There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin.  Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation.  An increasing number of merchants, including Dell, have begun accepting payment by way of Bitcoin.  The list of… → Read More

CRTC updates FAQs – some clarity, along with some contradictions

Posted in Anti-Spam, Consumer Protection, E-Commerce, Regulatory Compliance

The CRTC just released a new FAQ on CASL, replacing the old one that it released in December 2013 (“December FAQ”). Those hoping the CRTC would take this opportunity to clarify some of the more vexing aspects of CASL and the accompanying Guidelines will be disappointed, as the new FAQ largely incorporates and reiterates material… → Read More

Clotting Heartbleed: Guidance on Privacy Breaches, Notification Obligations and Proposed Amendments to Privacy Legislation

Posted in E-Commerce, Privacy, Regulatory Compliance

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)… → Read More

2013 Technology Law Year in Review

Posted in Consumer Protection, Contracting/Outsourcing, E-Commerce, M&A/Finance, Privacy, Regulatory Compliance

2013 was a very active year in the tech sector in Canada.  Some of the leading developments over the last year are summarised below. Tech Transactions – Turbulent Year for BlackBerry (Fairfax transaction) 2013 was a turbulent year for the Canadian leader of the telecommunications industry. It started with a change of name, from Research… → Read More

Le CRTC Publie des FAQs sur la Loi Canadienne Anti-Pourriel

Posted in E-Commerce

The English version of this article is available here. Le 18 décembre 2013, le CRTC a publié une série de FAQs pour aider les organisations et les individus concernés dans leurs efforts pour se conformer à Loi canadienne anti-pourriel (la « Loi anti-pourriel »), qui entrera en vigueur en juillet 2014. Bien que les FAQs ne fournissent… → Read More

Canada’s Anti-Spam Law FAQs Released by CRTC

Posted in E-Commerce

La version française de cet article est publiée ici. On December 18, 2013, the CRTC released a series of FAQs to help affected organizations and individuals in their efforts to comply with Canada’s Anti-Spam Legislation (CASL), which will begin coming into force in July 2014.  Though the FAQs provide limited additional guidance, they are useful… → Read More

La loi canadienne anti-pourriel entre en vigueur bientôt – Êtes-vous prêt?

Posted in E-Commerce

The English version of this article is available here. Le ministre de l’Industrie, James Moore, a annoncé récemment que la majorité des dispositions législatives canadiennes attendues depuis longtemps contre les pourriels et les maliciels (la « Loi anti-pourriel ») entreront en vigueur le 1er juillet 2014. Dans le cadre de cette annonce, Industrie Canada a également publié… → Read More

Canada’s Anti-Spam Law is Coming – Are you Ready?

Posted in E-Commerce

La version française de cet article est publiée ici. Industry Minister James Moore announced today that most of Canada’s long-anticipated anti-spam/malware legislation (“CASL” for short) will be coming into force on July 1, 2014.  As part of today’s announcement, Industry Canada also released a significantly revised and final version of its important CASL regulations. CASL… → Read More

Tech Law Summit 2013 Recap – Six Minute Lawyer Sessions: Thinking Beyond

Posted in Consumer Protection, Copyright, E-Commerce, Intellectual Property, Regulatory Compliance

At McCarthy Tétrault’s Toronto Technology Law Summit, Bram Abramson, Daniel Glover, James Archer, Bob Nakano, Pat McCay, Naseem Malik, and David Tait, were featured in the Six Minute Lawyer panel. Each lawyer provided brief updates on a variety of topical and timely tech law issues, ranging from the regulation of commercial communications to tax issues…. → Read More

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… → Read More

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… → Read More

CRTC Reports on CASL Consultation

Posted in E-Commerce

On February 25, 2013 the CRTC staff held an informal consultation with industry and consumer groups following the October 2012 release of CRTC’s guidelines regarding the interpretation of its CASL regulations (the “Consultation”) (To read a more detailed analysis of the Guidelines issued by the CRTC, see our related post on this topic).  On April… → Read More

Règlement canadien anti-pourriels publié pour une période de 30 jours de consultation

Posted in E-Commerce

The English version of this article is available here. Le projet du règlement afférent à la Loi canadienne anti-pourriels (LCAP) a été publié le 5 janvier 2013 dernier dans la Gazette du Canada pour une période de consultation d’une durée de 30 jours. Ce projet tant attendu représente l’étape législative finale d’un des régimes les… → Read More

Canadian Anti-Spam Regulations Published for a 30-Day Comment Period

Posted in E-Commerce

La version française de cet article est publiée ici. The revised draft of the Industry Canada Regulations pertaining to Canada’s new anti-spam/malware law (CASL) was published in the Canada Gazette on January 5, 2013 for a 30-day comment period. The highly anticipated draft regulations represent the final legislative aspect of one of the world’s most… → Read More

Mobile Payments 2012

Posted in E-Commerce

On October 25, 2012, McCarthy Tétrault’s national Consumer Retail group held a lunchtime client conference on mobile payment systems and digital wallets. For those of you unable to attend, the following are a few of the highlights. But first, a little context for the uninitiated: Near-field communication technology (NFC) allows a user with a mobile phone, equipped with the… → Read More

CRTC Issues Guidelines on Canada’s Anti-Spam Law

Posted in E-Commerce

The CRTC has issued two sets of interpretative guidelines addressing important parts of Canada’s new anti-spam law (CASL). While guidance on CASL is welcome, these guidelines reinforce the great lengths to which many businesses will need to go to in order to ensure compliance. The guidelines focus on the CRTC’s interpretation of the regulations it… → Read More

Hot Off the Press – Canadian Telecommunications Regulatory Handbook

Posted in E-Commerce, Privacy, Regulatory Compliance

McCarthy Tétrault has just published Canadian Telecommunications Regulatory Handbook by partner Hank Intven. The Handbook provides a detailed summary of Canadian telecommunications law and regulation and is a convenient single reference source for the text of the laws, treaties, regulations, directions, orders, rules and other key documents that govern Canadian telecommunications regulation. This Handbook includes… → Read More

Do Not Track – Recent Developments in the World of Online Behavioural Advertising

Posted in E-Commerce, Privacy

Last week was a big week for “Do Not Track” (DNT) developments: Google officially joined company with a coalition of big internet players for voluntary controls on Online Behavioural Advertising (OBA). The controls take the form of an industry spanning self-regulatory program, backed by the Digital Advertising Alliance (DAA), that aims to provide a consistent… → Read More

Ten Tech Law Resolutions for 2012

Posted in Consumer Protection, Copyright, E-Commerce, Intellectual Property, Privacy

January is a great time to make some resolutions for the coming year. In addition to the personal ones you have made, here are 10 involving tech issues that are (or should be) important to your organization. 1. Closing the Loop on Open-Source Open-source software code and other types of materials and technical artefacts that are subject… → Read More

Online Brand Protection Strategies – Five Steps to Developing Your Plan

Posted in E-Commerce, Intellectual Property

A company’s brand is a key asset and needs protection both offline and online - so if you haven’t yet embarked on an online brand protection strategy, where do you start? Your trade-mark, or brand name, is what distinguishes you from your competitors. In effect, trade-marks provide a shortcut to get consumers to where they want to go (as described by Mr… → Read More

Privacy Commissioner Releases New Online Behavioural Advertising Guidelines

Posted in E-Commerce, Privacy, Regulatory Compliance

The Privacy Commissioner of Canada recently released new guidelines to assist organizations involved in online behavioural advertising (OBA) ensure that their practices are transparent and comply with the federal private sector privacy legislation. The guidelines are attention-span friendly, weighing in at three pages, with few surprises and largely high-level takeaways. The guidelines accept that OBA may be “considered a reasonable purpose under… → Read More

Do Not Track and Online Behavioural Advertising – Part II: Best Practices

Posted in Consumer Protection, E-Commerce, Privacy

With the push from users and legislators towards DNT and with most browsers providing users with the choice of a DNT setting, it is important for businesses to be ahead of the curve. In addition to an organization’s existing policies and safeguards under the Personal Information Protection and Electronic Documents Act (PIPEDA), businesses should have… → Read More

Do Not Track and Online Behavioural Advertising – Part I: Coming to a Parliament Near You?

Posted in Consumer Protection, E-Commerce, Privacy

Privacy versus personalized content – it is the tension that underlies online behavioural advertising (OBA), and increasingly that tension is threatening to snap. OBA is the practice of tracking consumer’s online activities in order to deliver targeted marketing. Businesses stitch together information, like the websites a consumer visits, the content a consumer views and the searches… → Read More