Privacy, Cybersecurity, and Canada’s Anti-Spam Legislation (CASL)
Privacy and cybersecurity require organizations to comply with an intricate web of legislation, including Canada’s Anti-Spam Legislation (CASL). Organizations need to expertly navigate federal and provincial obligations, sector or industry-specific rules and regulations, and various common law requirements. Staying current helps protect an organization’s clients and employees as well as defend against data breaches. A data breach has the potential for devastating consequences: negative publicity, irreparable damage to one’s reputation, and possibly litigation. Our team has the expertise to review your current practices and guide you through this intricate area to help minimize the risks.
Our lawyers are skilled at identifying compliance gaps, developing mitigation strategies, and tailoring solutions to your organization's unique goals and needs. We provide a variety of services, including:
- Advising on personal information collection and consent procedures
- Conducting data mapping exercises and privacy impact assessments
- Developing privacy management programs, privacy and data protection policies, and security incident response plans
- Advising on data breaches, including record-keeping and reporting requirements
- Drafting and negotiating data processing agreements for domestic and cross-border data flows
- Custom training to ensure programs are understood, implemented, and embedded into your organization’s day-to-day operations
In addition to the complex privacy laws, CASL is widely regarded as the strictest anti-spam legislation worldwide. CASL applies to any business that sends “commercial electronic messages” to others via email, text messages, or social media. However, less widely known is that CASL also applies to the installation of computer programs. This means that businesses offering software, apps, or games must adhere to CASL’s complex rules and requirements. Our team advises on all elements of CASL, including the content of electronic communications, appropriate consent procedures, and the implementation of CASL compliance programs.
Minden Gross LLP has the experience required to understand the demands and needs of clients in the areas of privacy, cybersecurity, and CASL and the ability to provide solutions in a technology-driven world.