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the scope is more limited than PIPEDA; it only relates to electronic commercial messages. The Privacy Act imposes certain requirements and sets out certain exceptions that are different from those in CASL, so companies must respect both and must apply both. ���There are similarities between the two, but if you comply with one, it doesn���t necessarily mean you comply with the other. It goes beyond the collection, use, and disclosure of personal information,��� says Nicol. ���It���s perhaps a good moment to review your privacy policies and procedures and make sure that those are up to date and if there���s a need to apply stricter requirements because of CASL,��� she added. Compliance entails looking at the existing processes you have for collecting electronic addresses, as well as installing, updating, or upgrading computer programs. ���What you���ve done under PIPEDA isn���t enough,��� says Fekete. ���Because it���s so prescriptive, most organizations will find they have to change their go-forward practices in pretty significant ways, as well as scrub existing lists of e-mail communications they���re using today.��� While there���s a transition period, businesses still have to demonstrate they���ve already had an existing business relationship with those customers. The legislation will also have an impact on cross-border relationships ����� if a Canadian company is sending e-mail to customers outside of Canada (and vice-versa) the legislation would apply. While this places an added burden on businesses, the hope is to improve Canada���s standing amongst its peers ����� Canada is behind the curve in adopting anti-spam legislation and has a reputation for being an originator of a lot of malicious spam (in 2008, for example, Canada was fourth on the ���Spam by Originating Country��� ranking, according to Cisco���s 2008 Annual Security Report). This is perhaps one of the reasons behind the development of what many consider to be the toughest piece of antispam legislation in the world. The U.S. CAN-SPAM Act, for example, allows businesses to send an electronic message to initially obtain consent, as long as they allow consumers to unsubscribe. While the legislation is tough, it���s also controversial. ���It seems unnecessary to require businesses to go out and obtain different consents when they obtained consent validly under the existing regime �����it���s a lot of work for very little gain,��� says Mee. Instead of targeting the malicious spammer, it���s targeting legitimate businesses that are trying to do the right thing, she adds. Regardless, for most businesses, the new legislation will require starting from scratch, rebuilding processes, and gathering new consents �����and making sure privacy issues are dealt with under both PIPEDA and CASL. ���It���s very significant legislation,��� says Fekete. ���The impacts are very real and costly.��� SPECIALIZATION IN BUSINESS LAW Part-time, Executive LLM program for corporate counsel and practising lawyers Taught by U of T Faculty of Law professors, together with top international faculty from MIT-Sloan School of Management and expert practitioners. TIME: EVENT: For more information, call 416-978-1400 or visit: http://www.law.utoronto.ca/programs/GPLLM.html Supported by the Association of Corporate Counsel (ACC) - Ontario Chapter and in partnership with Carswell, a Thomson Reuters business. www.CANADIAN LLM_IH_Apr_13.indd 1 L a w ye r m a g . c o m April 2013 49 13-02-26 4:07 PM

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