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Derek Lackey

CASL The 5 Types of Consent – Part 4 – Implied – Conspicuously Published

Senior managers within an organization can give permission to email people within their organization providing the email address is their comany address. So if Microsoft is a customer of yours, you can request and recieve “blanket permission” to email Microsoft employees regarding the goods or services you provide. In addition, if someone publicly displays their […]
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CASL – The 5 Types of Consent – Part 3 – Implied Existing Non-Business Relationship

Many charities and not-for-profit organizations believe they are exempt from CASL, but they too must follow the rules when sending electronic messages. The rules are slightly different as they are not always enaged in commercial activities, but the standards of proof and conditioins of consent are clearly stated below. Implied consent – Existing non-business relationshipThis […]
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CASL – The 5 Types of Consent

As stated by CRTC: “Canada’s new anti-spam law was passed in December 2010 and, following a Governor in Council order, it entered into force on July 1, 2014. The law will help to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. On January 15, 2015, sections of the Act […]
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Why Canada Needs a Digital ID Framework

Canada must become a nation of digital identity.  What does this mean, exactly? I believe that Canadians should be in control of their personal data. I also think that there should be standards and practices that help guide the way that citizens can safeguard their digital identity. In a world where entire economies are struggling […]
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CASL: “It’s Too Hard”

We are hearing a lot of whining and complaining about CASL from a few characters claiming to represent Canadian businesses. They are attempting to build a case for returning to an opt-out system, or at the very least a hybrid system, so it is easier to spam people. We are scratching our head regarding most of […]
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New CASL Ruling: CRTC Provides Guidance on B2B Messaging and the Due Diligence Defence

On October 19, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) issued two key decisions in a contested enforcement proceeding brought by Compu.Finder. These recent decisions stem from an earlier CRTC enforcement proceeding against Compu.Finder, which resulted in the first administrative monetary penalty (AMP) issued under Canada’s anti-spam legislation (commonly referred to as CASL). In […]
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The 5 Stages of CASL Compliance

Understanding the law is a good start.  Knowing what consent you are claiming, being fully compliant when sending messages and respecting individual’s right to chose – these are all solid foundations for a CASL compliant program.  It is NOT CRTC’s place to tell you what to do in order to be compliant.The CRTC recognizes that […]
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PIPEDA – 10 Core Principles

PIPEDA is broken down into 10 core principles. They reflect and evaluate how a business is required to handle personal information and to ensure that best practices are in place and used. Following is an overview of each of these principles as well as one guidance on how they relate to cloud service providers. 1. […]
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