Is CASL Private Right To Action Retroactive?

I’m glad Shaun Brown of nNovation, LLP his thoughts on this – it is something I’ve been wondering (and I’m sure many others have too) since the Canadian Anti Spam Law (CASL) first came into force (July 2014). The gist of the scenario is this: CASL is in effect as of…

Email Trust – OTA Unsub Best Practices Audit

Has it really been 10 full years since the U.S. CAN-SPAM Act of 2003t took effect?  Yes, and then some… The CAN-SPAM Act in the United States takes some heat on the international stage – as an “opt-out” law, it’s considered akin to “best practices” more so than “high standards” for…

Markey, Hatch Introduce Legislation to Protect Student Privacy

Senators Edward J. Markey (D-Mass.) and Orrin Hatch (R-Utah) introduced the “Protecting Student Privacy Act” last Wednesday, legislation that would help safeguard the educational records of students.  The PreK-12 educational software and digital content market currently is worth $7.9 billion, with nearly all school districts relying on cloud services for…

First Company Found (burnt) in Violation of Dutch Cookie Rules

Little shocked that this came so early for cookies, but considering all the data protection issues that has come up of the last year I’m not. On May 13, 2014, the Dutch Data Protection Authority published the findings of its investigation into the compliance of an online advertising agency YD…

Google and EU Privacy Ruling

So first I need to apologize to everyone here that we’ve been a bit busy this last two or so quarters in our respective businesses. Some being start-ups, some being employment changes, and some also being due to travel schedules being so hectic before the summer/holiday season kicks up. For…

Data Breach Payout for Consumers

In the wake of the Target data breach in December 2013, I’ve continued to think about the impact of data loss to consumers.  Historically courts have not shown to find “harm” being done to consumers where their data was lost or misused for marketing.  Typically there must be some financial…

Why Europe is wrong to kill Safe Harbour

I woke up this morning to this great piece about how U.S. Safe Harbour is NOT the problem in data governance between the United States and the European Union. I love Cynthia Rich from Morrison & Foerster (MoFo) points in all this especially “concerns about mass surveillance are not just limited…

Ireland updates cookie use guidances

The Irish Data Protection Commissioner published December 19, 2013 updated cookies guidance that includes examples of consent mechanisms. The Commissioner indicated that consent can be obtained either explicitly through the use of an opt-in check box, or implicitly, meaning that the user must be notified that continued use of the website…

French published cookie use guidances

On December 16, 2013, the French Data Protection Authority (“CNIL”) published a set of FAQs to provide further guidance on how to obtain consent for the use of cookies and similar technologies. Overall Consent must be obtained each time these technologies are used for a new purpose and should be…

Canada’s Anti-Spam Law (CASL) Is A Done Deal

On Thursday, November 28th 2013, the Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, December 4, 2013, the Minister of Industry the Right Honourable James Moore announced that Canada’s Anti-Spam Law (CASL) will come into force on July 1, 2014. That’s…