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HTMLCanada’s Anti-Spam Law - A Step by Step Guide on how it applies to Apps and Software
Margot E. Patterson; Dentons Canada LLP;
Legal Alert/Article
March 5, 2015
Canada’s new anti-spam law targets more than just spam. CASL also targets malware, and it has a very broad reach. CASL prohibits installing a “computer program” - including an app, software, or other executable data - on a computer system (computer, device, network) unless the...

 

HTMLSomeone's Watching Your Auto-Enrollment Program
Ed Chansky, Erica Okerberg, Irving Scher; Greenberg Traurig LLP;
Legal Alert/Article
March 5, 2015, previously published on January 5, 2015
“Auto enrollment” or “negative option” programs as they sometimes are called are very popular for many online services and mobile apps. Such programs often involve a free-trial period for a subscription or other electronic service. The consumer then becomes charged for the...

 

HTMLThe SEC and FINRA Will Continue to Audit the Financial Services Industry to Ensure Cybersecurity Protocols Are Current and Viable
Lindsay B. Nickle, Carlos Enrique Provencio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 27, 2015
On February 2, 2015, Wilson Elser released an overview entitled Corporate Hacking and the Financial Services Industry that provided in-house counsel with talking points to better discuss and understand their corporate cyber-resilience plans. The following day, information on the SEC and FINRA cyber...

 

HTMLNew EU Guidelines on “Google Spain”: Right to be Forgotten
Nick Graham; Dentons Canada LLP;
Legal Alert/Article
March 5, 2015, previously published on December 2, 2014
The Article 29 Working Party published new Guidelines on the Right to be Forgotten on 26 November 2014. This is the latest chapter in the story which began with the Google Spain case. In that case, the Court of Justice of the EU (CJEU) decided that EU data protection law already provides...

 

HTMLU.S. Regulators Review Brokerage Cybersecurity, Provide Guidance
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 20, 2015
Earlier this month, the U.S. Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) each released reports addressing cybersecurity. FINRA’s report targeted its broker-dealer members, and the SEC’s report targeted...

 

HTMLOnline Behavioral Advertising: Industry Guides Require Real Time Notice When Data Are Collected or Used for Personalized Ads
Ed Chansky, David A. Wheeler; Greenberg Traurig LLP;
Legal Alert/Article
March 5, 2015, previously published on January 5, 2015
WHAT’S COVERED? Online behavioral advertising (OBA) has become a very common tool for commercial websites. OBA can be defined as follows: the collection of data online from a particular computer or device regarding web viewing behaviors over time and across Web sites for the purpose of...

 

HTMLSigned, sealed and delivered (via e-mail): The regulation of e-signatures in Canada
Alessandro Bozzelli, Natasha A. Singh; Dentons Canada LLP;
Legal Alert/Article
March 5, 2015, previously published on December 30, 2014
The use of electronic signatures (e-signatures) is becoming increasingly commonplace in commercial transactions, as individuals and businesses capitalize on the administrative efficiency afforded by today’s digital world. In response to this commercial reality, every jurisdiction in Canada...

 

HTMLCanada’s Anti-Spam Law (CASL) applies to Software January 15
Margot E. Patterson; Dentons Canada LLP;
Legal Alert/Article
March 5, 2015, previously published on December 22, 2014
CASL is also not just about spam. Effective January 15, 2015, CASL applies to the installation of “computer programs” - software, apps and other programs - on the computer or device of another person. This affects software vendors, app developers, gaming and entertainment companies, and...

 

HTMLBoom or Bust? Cyber Security and Data Breach Loss in Latin America
Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 25, 2015
Every day in the news we are assaulted by reports of cyber security and data breaches of industry giants, major retailers and financial conglomerates that compromise the privacy and security of millions. In the wake of such crimes, cyber insurance premiums last year reached $2.5 billion, a 25...

 

HTMLPrivacy Politics at IAPP, Brussels!
Nick Graham; Dentons Canada LLP;
Legal Alert/Article
March 5, 2015, previously published on December 1, 2014
The recent IAPP Congress in Brussels provided a platform to bring out the “big guns” on privacy. Needless to say, the said “big guns” did not always agree with each other. Here is our “30,000 feet” view of their privacy perspectives:

 


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