Category: Information Technology

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Legal Trends 2016: Cybersecurity

February 24, 2016

ONE | RISE IN PRIVACY CLASS-ACTION CERTIFICATIONS New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has intentionally or recklessly invaded his/her private affairs without justification and (2) a reasonable person would view the invasion as highly…

B.C. Government Announces Next Steps in #BCTECH Strategy to Bolster Technology Sector

January 19, 2016

The B.C. government has announced a multi-year #BCTECH Strategy to bolster the vibrant technology sector in B.C. Following the announcement of the C$100-million B.C. Tech Fund in December 2015 aimed at advancing the first strategic pillar of access to capital, the final two pillars of deepening the B.C. talent pool and easier market access were announced at the sold out…

CSA Provides Guidance on Canadian “Robo-Advisers”

October 14, 2015

The term “robo-adviser” has become synonymous with a provider of automated, low-cost, investment advisory services through user-friendly web-based (and increasingly, mobile) channels. These digital advice platforms are intended to service the future generation of tech-savvy retail investors, and with its gaining popularity, has become a positive disruptor in the asset management community. Its surge toward mass adoption (particularly in the…

Hacked: Responding to a Cybersecurity Breach

September 22, 2015

Data breaches now represent significant litigation risks. Here are some important steps to take when your company falls victim. Cybersecurity has become a top-of-mind concern for senior C-suite executives — and it’s no surprise why, as recent data breaches against some major organizations have gained significant profile. Thus, senior executives and risk managers need to not only focus on preventing a…

“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

July 22, 2015

  United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.    BACKGROUND   In Singh v. Trump (Singh), the developer…

C$1.1-Million Penalty Issued Under Canada’s Anti-Spam Law

March 6, 2015

  BACKGROUND   On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s Anti-Spam Legislation (CASL), which included a C$1.1-million administrative monetary penalty (AMP).   The Notice of Violation was issued against Compu-Finder, a Quebec-based corporate training services provider. The CRTC alleged that between July 2, 2014 (the day after CASL…

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

January 23, 2015

  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, also known as the Protecting Canadians from Online Crime Act (Act), received royal assent. The Act, sometimes colloquially referred to as Canada’s cyberbullying law, was originally introduced in the House…

Reminder: CASL’s Software Installation Provisions Take Effect on January 15, 2015

January 14, 2015

  Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting malware and will impact companies that install computer programs even where there is no improper purpose. As a result, many businesses, including those outside of…

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