Cloud computing, identity theft, database security, surveillance, privacy policies, and access to information: individuals and businesses are increasingly faced with challenging issues in the area of information access and privacy. The Field Law Privacy Group is a recognized leader in the privacy law field, offering a full range of services to guide our clients through the complex landscape of privacy law.
Field Law helps corporations and public bodies protect their businesses and strengthen their relationships with their customers and the public. We work with our clients to draft and review internal and external privacy policies, as well as corporate transactions involving contracts and other legal documents such as non-disclosure agreements, waivers, confidentiality agreements and releases. We provide our clients with sound and practical advice on records management issues, confidentiality matters, employee and customer information management, reporting privacy breaches and compliance with mandatory reporting legislation. We provide responsive research and legal opinion services, and offer training and seminars on a full spectrum of privacy related topics.
Field Law also offers a full range of services in court and administrative proceedings. We advise and act for public bodies, health service providers, individuals and businesses in Information and Privacy Commissioner inquiries and investigations. We act for our clients in all aspects of civil, criminal and administrative proceedings, including records production issues, judicial reviews, and civil litigation.
We also work with our clients and third party consultants on Privacy Impact Assessments and information management practices.
On July 1, 2014, Canada’s Anti-Spam Legislation (CASL) came into force. CASL regulates the form and content of electronic communications and imposes consent requirements. Failure to comply with CASL could lead to the imposition of large fines and ultimately will give affected individuals a private right of action. In light of CASL’s broad application, stringent standards for consent, and penalties for non-compliance, organizations that send electronic messages should develop a compliance plan.
CASL is complex legislation, with detailed regulations, and with various federal bodies involved in its interpretation and enforcement. Field Law’s Privacy Group can help your organization understand the new requirements. We can assist with review of your organization’s marketing and communication practices and provide the following assistance:
- We can review and audit your organization’s current marketing and communications practices for CASL compliance.
- We can help you develop and implement a CASL compliance action plan.
- We can assist with the preparation of CASL - compliant consent forms and processes, unsubscription mechanisms, and identification notices.
- We can review your agreements with third party providers to ensure compliance with CASL.
The following links are additional resources that may be useful:
CASL, the Regulations, and the Regulatory Impact Analysis Statement are available on the Government of Canada’s CASL webpage
Overview of CASL
Industry Canada Overview
CRTC Compliance and Enforcement Information Bulletins
Compliance and Enforcement Information Bulletin 2012-548: Guidelines on the interpretation of the Electronic Commerce Protection Regulations
Compliance and Enforcement Information Bulletin 2012-549: Guidelines on the use of toggling a means of obtaining express consent under Canada’s anti-spam legislation
Articles and Presentations
Anne Côté, Anti-Spam Legislation: A Work in Progress
Anne Côté, Anti-Spam Legislation: Coming Soon to a Campus Near You?
Kelly Nicholson, Before hitting ‘send’: The impact of Canada’s anti-spam law, Calgary Chamber of Commerce blog
Our experience is well illustrated through the clients we represent. Below please find a summary of some of our past and present clients:
- In this area, we act for clients in the health care sector, the pharmaceutical industry, the construction sector, the oil and gas sector, educational institutions, professional associations and regulatory bodies and municipal organizations.
- We represent clients in investigations, inquiries and mediations and in communications with the federal and provincial Privacy Commissioners.