February 8, 2018
Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper). The paper takes the position that current federal privacy legislation, the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA), entitles individuals to ask search engines to de-index web pages that contain inaccurate, incomplete or outdated information about…
November 14, 2017
In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that organizations should only implement video surveillance in limited circumstances where other means of resolving an issue have been ineffective. BACKGROUND A chicken catching organization (Company) decided to introduce a…
October 12, 2017
Your printer. The water cooler. The thermostat. What do these things have in common? All of them can be connected to the Internet of Things (IoT). The IoT continued its meteoric rise in 2017 with a vast array of everyday devices joining networks around the world. Technology research company Gartner Inc. predicts there will be over 20 billion devices on…
October 10, 2017
The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.
Posted in: Anti-spam, Business Crimes Investigations & Compliance, Capital Markets, Commercial Real Estate, Competition & Antitrust, Corporate & Commercial, Cybersecurity, Employment & Labour, Environmental, Financial Services, Financial Services Regulatory, Foreign Investment, Franchising, Information Technology, Infrastructure, Intellectual Property, International Trade, Litigation & Dispute Resolution, Mergers & Acquisitions, Pensions, Benefits & Executive Compensation, Power, Privacy, Procurement, Renewable Energy, Restructuring & Insolvency, Tax, Technology, United States
June 29, 2017
On June 23, 2017, in Douez v. Facebook Inc. (Douez), the Supreme Court of Canada considered the enforceability of forum selection clauses involving consumers and privacy rights. The application judge had declined to enforce a forum selection clause and granted class certification in an action alleging breaches of B.C.’s Privacy Act for unauthorized use of individuals’ names and likenesses. The…
June 7, 2017
Businesses obtain welcome relief from the imminent threat of private lawsuits under Canada’s Anti-Spam Legislation (CASL) as the private right of action, originally scheduled to come into force on July 1, 2017, has been suspended. It is unclear at this point if this right will be repealed entirely or if a new coming into force date will be set. Under…
November 24, 2016
Throughout the remainder of 2016 and into 2017, we will be providing key insight into current trends across different industries. The first in our series concerns technology, with a particular focus on financial technology (fintech) and cybersecurity.
November 18, 2016
The Supreme Court of Canada (SCC) has rendered judgment in a closely-watched case involving the intersection of judgment enforcement and privacy rights. As discussed in an our July 2015 Blakes Bulletin: You Won Your Case — Now What? SCC to Consider Intersection of Judgment Enforcement and Privacy Rights, this matter required the SCC to weigh enforcement rights of winning plaintiffs…
October 19, 2016
In an increasingly interconnected and digitized world, data breaches have become ever more common. The wealth of personal information that corporations have in their possession means that such breaches can occur in even the most benign circumstances. Although many corporations have developed sophisticated privacy and cybersecurity protocols to minimize these risks, data breaches have become a feature of 21st century…
October 12, 2016
A consequence of the unconstrained international flow of information is that domestic data protection laws increasingly have implications abroad. The recent overhaul in the European Union’s data protection laws is a prime example of this, which will have implications for Canadian organizations of all sizes and types.