snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Tag Archives: Competition Act

Misguided Policy: CASL’s Private Right of Action for Competition Act Reviewable Conduct

Posted in Anti-Spam

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages. ‎

The new CASL private right of action for reviewable conduct under section 74.011 of the Competition Act is an aberration, which will be inconsistent with and offensive to the current regime by which the Competition Act addresses deceptive marketing practices.  It will make misrepresentations in electronic messages the only such reviewable conduct which will be subject to private damage claims, and … Continue Reading

Bill C-13: Lawful Access and the Relationship Between Organizations, Cyber-bullying and the Protection of Privacy Rights

Posted in E-Commerce, Privacy, Social Media

On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act (Act) – also known as the Protecting Canadians from Online Crime Act –, received the royal assent. The Act will come into force on March 9, 2015.

The Act deals with the serious issues of online bullying, harassment and non-consensual circulation of intimate images and aims the protection of Canadians from cyber-bullying and other forms of Internet exploitation.

Significant amendment to the Criminal Code

The Act notably brought two … Continue Reading