Canadian Lawyer InHouse

MAY 2017 42 INHOUSE L a w D e p a r t m e n t M a n a g e m e n t So far, several companies and one indi- vidual have been fi ned for alleged CASL violations. In September, Kellogg Canada entered into an undertaking agreeing to pay $60,000. Dating site Plenty of Fish paid $48,000 for a violation in 2015 and the largest fi ne to date was $1.1 million in the Compu-Finder violation. Most of the transgressions have been simple including unsubscribes, didn't work or didn't have proof of consent. "You can see that they mean business," said Innes. "They are going to fi ne and even where people have simply made mistakes and promised to undertake to correct the mistakes and move forward, which seems harsher than what most of us expected. These are companies that make good faith, often robust efforts to comply with CASL but something didn't work in the early days." William Abbott, assistant general counsel and privacy ombudsman with Bell Canada, suggested the CRTC should consider a de- lay or suspension of statutory damages until after the statutory review of CASL in July. "I know the minister's offi ce is consider- ing that now," he said. To avoid such violation, organizations will need to have good compliance pro- grams with detailed record keeping. "It's not enough to do the right thing. Document it and understand the impor- tance of consent including the fact people took training. Gather consents and keep them squirreled away," said Abbott. "We know for sure they're going to en- force, that they're watching, investigating and focusing on complaints. We know no organization is too small, they will go after individuals who make mistakes or who don't know about the law," said Innes. She advised that there be one or more people in a marketing department respon- sible for all marketing campaigns. At GM, one person had to test every unsubscribe link before any marketing email campaign was implemented. "The big takeaway is if you're issued a notice of violation you jump in during the fi rst 30 days and get submissions into the CRTC. It can make a big difference on the penalties imposed upon you," said Innes. IH © 2017 Thomson Reuters Canada Limited 00241QI-85223-CE What can you do about cyberfraud? Eliminate the element of surprise. Order # 987799-65203 $98 Softcover approx. 250 pages April 2017 978-0-7798-7799-7 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Recognizing scams and attacks is the first step in raising a barrier against cyberfraud at work and at home. But how do you keep up with the ever-evolving schemes of online fraudsters? Benefit from the insights of an industry veteran, a trusted cybercrime expert and corporate security advisor to Canadian organizations. The Canadian Cyberfraud Handbook: A Professional Reference classifies a technique, describes the outcome, suggests avenues for avoiding this type of event, and offers potential options for reducing its impact. In this first Canadian guide, you get a clear and concise look at cyberfraud − what it is and what your role is in identifying abuses and reporting breaches. New Publication The Canadian Cyberfraud Handbook: A Professional Reference Claudiu Popa AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com | Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800

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