The COVID-19 pandemic raises critical and unprecedented issues for all organizations. How an enterprise responds to these challenges will influence how it fares through the crisis and its positioning for recovery afterwards. We believe that the issues below warrant special attention by senior management and directors.
It can be relatively difficult to read the tea leaves in the CRTC’s approach to CASL enforcement, because there is little public record of those enforcement activities. This was noted by the Standing Committee on Industry, Science and Technology, in its statutory review of the Act. However, what signs do exist suggest that enforcement activities are accelerating. In 2016 and 2017, the CRTC announced only one undertaking in a CASL proceeding. By contrast, in the first quarter of 2018, there have already been two.
The coming into force of mandatory breach notification and record-keeping requirements on November 1, 2018 should be viewed by organizations as an effort to align Canadian legal and regulatory requirements with those in the United States and Europe (especially with the General Data Protection Regulations – or GDPR – coming into force in May 2018).