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Category Archives: Regulatory Compliance

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Permitted Exclusive Use of English Trademarks in Québec: Magasins Best Buy Ltée, Costco Wholesale Canada Ltd. et al v. Québec

Posted in Regulatory Compliance

For any business seeking to sell its products or offer its services in the Province of Québec, the carrying out of such activities and the way in which such businesses operate generally are profoundly affected by the enduring linguistic restrictions imposed by the Québec Charter of the French Language[1] (the “Charter”). Adopted by the Québec National… → Read More

CASL Applies To You Even If You Aren’t In Canada

Posted in Anti-Spam, Consumer Protection, Regulatory Compliance

CASL is the toughest law of its kind in the world and Canadian organizations are awakening to many major challenges they will face when trying to comply with this legislation.  However, non-Canadian organizations should not overlook the Act’s extra-territorial application and its effect on their respective operations. CASL’s requirements far exceed those in other countries…. → Read More

Legal Implications of Accepting Bitcoin as Payment

Posted in Consumer Protection, Regulatory Compliance

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… → Read More

New UK Web Defamation Rules for User Content: What Canadian Website Operators Need to Know

Posted in Regulatory Compliance

The UK Defamation Act 2013 (the “Act”) came into effect on January 1, 2014.  This Act includes a variety of reforms to the UK law of defamation, including codification of the defence of “Publication on a matter of public interest”[1]; however, for Canadian website operators, the most important change is likely to be a new… → 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

Update: Supreme Court of Canada Amends Controversial Aspect of VIAGRA® Judgment

Posted in Intellectual Property, Patents, Regulatory Compliance

As discussed in the November 9, 2012 post, Supreme Court Invalidates Pfizer’s Blockbuster VIAGRA® Patent, the Supreme Court of Canada struck down Pfizer’s blockbuster VIAGRA® patent (the “‘446 Patent”) on the basis of insufficient disclosure: see Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60. In a curious twist, the SCC declared the ‘446… → Read More

New Electronic Health Records Legislation on the Horizon in Ontario

Posted in Privacy, Regulatory Compliance

The Liberal government in Ontario has introduced significant new amendments to its health privacy legislation, the Personal Health Information Protection Act (PHIPA). While there are many important aspects to the new legislation, one key aspect involves significant new responsibilities imposed on “prescribed organizations” or “PO”s in the proposed amendments to PHIPA. Sections 55.1 and 55.12… → Read More

Federal Privacy Commissioner proposes changes to PIPEDA to address challenges of Big Data

Posted in Privacy, Regulatory Compliance

On May 23, 2013, the Office of the Privacy Commissioner of Canada (the “Privacy Commissioner”) has released a position paper (“Position Paper“) calling for substantial changes to the Personal Information Protection and Electronic Documents Act(“PIPEDA”). The Privacy Commissioner argues that PIPEDA is currently insufficient to meet the challenges posed by the advent of technology that… → 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

Pfizer Liable to Apotex for Section 8 Damages: Amount to be Determined

Posted in Intellectual Property, Patents, Regulatory Compliance

In a judgment pronounced on May 10, 2013, Justice O’Reilly of the Federal Court of Canada, granted Apotex’s claim against Pfizer for section 8 damages under Canada’s Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.  The sole issue before the Court was whether Apotex had a valid claim to damages.  The amount is to be determined… → 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

Social Media, Disclosure and Securities Regulation

Posted in M&A/Finance, Regulatory Compliance, Social Media

 On July 3, 2012, the CEO of Netflix Inc. did what many of us frequently do: updated his Facebook account. However, he updated his account with a post stating that Netflix viewing “exceeded 1 billion hours” in the month of June. This post was viewable by over 200,000 Facebook fans. Netflix Inc. shares rose 6.2%… → Read More

OIPC Cloud Computing Guidelines for BC Public Bodies

Posted in Contracting/Outsourcing, Privacy, Regulatory Compliance

Recently, the Office of the Information and Privacy Commissioner for British Columbia published cloud computing guidelines for public bodies in British Columbia. The purpose of the guidelines is to provide information to public bodies about how BC’s Freedom of Information and Protection of Privacy Act (BC FIPPA) applies to cloud computing. What is Cloud Computing?… → 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

Cloud Computing and Privacy Issues: Implications for Businesses

Posted in Contracting/Outsourcing, Privacy, Regulatory Compliance

Due to cloud computing’s borderless and infinite storage potential, vast amount of information can be collected and stored. However, the accumulation of personal information in the cloud increases the risks and impact of unauthorized access to the information, whether through security or data breaches. This risk is compounded when the data is transferred outside of… → 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

Network Breached? Then Report It – New SEC Guidance on Cybersecurity Disclosure Obligations

Posted in Privacy, Regulatory Compliance

In light of the increasing rate of security breaches in industry and government, the US Securities and Exchange Commission (SEC) has issued guidelines encouraging public companies to disclose cyberattacks waged against them. The guidelines apply to both domestic US companies and foreign private issuers, and may therefore apply to Canadian companies registered in the US. What… → Read More

New Consumer Protection Legislation in Australia – Implications for B-2-C Companies

Posted in Consumer Protection, Regulatory Compliance

Early this year, Australia introduced a new set of consumer protection laws that should be of significant interest to any consumer-facing company with operations in Australia, especially given the government’s diligent efforts to inform consumers of their rights and how to exercise them. The Australian Consumer Law (CPL), which is in fact a schedule to the… → Read More