Canada’s New Anti-Spam Legislation: Compliance Challenges and Risk Mitigation Strategies IT.CAN 18 th Annual Conference October 20, 2014 Craig T. McDougall.

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Presentation transcript:

Canada’s New Anti-Spam Legislation: Compliance Challenges and Risk Mitigation Strategies IT.CAN 18 th Annual Conference October 20, 2014 Craig T. McDougall Dentons Canada LLP

Discussion Points Dentons Canada LLP2 1)Enforcement 2)Interpretation Challenges 3)Personal Contact Lists 4)Implementing CASL 5)Software Provisions

1. Enforcement Dentons Canada LLP 3 Over 1000 complaints after 4 days By late September over 100,000 complaints

2. Interpretation Challenges Dentons Canada LLP 4 Validity of Pre-existing Consents Pre-existing Business/Personal Relationships Scope of Implied Consent Bundling Consent

3. Personal Contact Lists Dentons Canada LLP 5 Tracking Firm policies

4. Implementing CASL – experiences Dentons Canada LLP 6 Seeking Express Consent When and How? Bundling Consents/Contests Scope of Consent Negative Optioning Still Used!!

4. Implementing CASL – experiences Dentons Canada LLP 7 Mailing Lists – Tracking and Maintaining Determining Implied Consent Scope of Consent Whose CEM is it?

4. Implementing CASL – experiences Dentons Canada LLP 8 Third Party Content Third Party Lists

5.Software and Data Provisions Dentons Canada LLP 9 January 15, 2015 Installations need consent Aiding or inducing captured 3 year transitional provision deeming consent for updates and upgrades

5.Software and Data Provisions Dentons Canada LLP 10 Deemed express consent (if reasonable to deem based on conduct) and program is in: A cookie, HTML, Java, etc. An operating system An executable through installed program (with consent)

5.Software and Data Provisions Dentons Canada LLP 11 Describe function and purpose Requirements for programs contrary to reasonable expectations of user Personal Information Interference with Use/Settings/Data Communications with another system 3 rd party activation

Further questions? Contact: Craig T. McDougall Dentons Canada LLP