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Derek Lackey

Proving Consent in a Data Protected World

One of the compliance issues of virtually every data protection law globally is PROVING you have consent to use personal data to help you conduct your business. Make no mistake, most businesses believe they have consent, but cannot definitively PROVE it. When we ask clients for proof of consent, they stutter and stammer and change […]
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GDPR Recital Mapping

When implementing a privacy management programme based on the GDPR, it is helpful to know which recitals are connected to which articles. Here is a handy tool we discovered at – https://virgiliocervantes.co.uk/index.php/2018/10/25/gdpr-recital-mapping/  and re-formatted for ease of use.
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The Great Privacy Awakening

The consumer privacy awakening has begun. Slowly but surely, individuals are realizing that what they thought was privacy, is not actually what the data protection and privacy laws are out to protect. They are beginning to see the complex “surveillance system” that profiles them on a constant basis and trades openly to “sell them more […]
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CPRA – An Executive Summary

Executive Summary In November 2020, over 9.3 million Californians voted to approve the California Privacy Rights Act (CPRA) of 2020 with the passage of Proposition 24. The CPRA is the strongest consumer privacy law ever enacted in the United States, and achieves broad general parity with the most comprehensive laws in other jurisdictions including Europe (GDPR), Japan, Israel, New Zealand, Canada, etc. […]
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A Marketer’s Guide to Collecting Meaningful Consent

The Office of the Privacy Commissioner published these guidelines for collecting meaningful consent and the new Bill C-11 is proposing strong enforcement of meaningful consent for using personal data of any kind – even de-identified data. But as a marketer, how do we ensure that we are collecting, storing, using, sharing and deleting meaningful consent? […]
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Bill C-11: An Early Assessment

My initial impression of Bill C-11 was it is a series of 1/2 measures designed to “sort of” protect citizen’s personal information, while making it “manageable” for most businesses. This bill is our government’s attempt to please all – and in the process may please no one. Some say this means it is a well […]
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The Current State of CASL

Since the postponement on June 8th of the private right of action section of the CASL law, a number of clients have contacted me asking if they are now off the hook in terms of needing to be CASL compliant by July 1st. The simple answer is NO.  The private of action is only one section […]
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