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Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
Part One of this series discussed the history of Canada's recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two of this analyzed the new compliance requirement of valid consent. Part Three continued the analysis of new compliance requirements, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act. Part Four concludes the series with a look at hot button enforcement issues in the Act.
|Hot Button Issues for Enforcement
As previously noted, one of the most significant aspects of the Act is the significant range of enforcement remedies. Given that the emphasis in this article is on compliance for privacy officers, those have not been reviewed in detail. However: a) the penalties that can be imposed by the Data Tribunal; and b) the slightly extended list of offences for which fines may be applied, helpfully set out a guide as to which features of an organization's privacy compliance program will likely be the focus of enforcement, and should therefore be revisited by privacy officers with a view to strengthening those aspects of their privacy programs.
|Hot Button Issues #1: As Indicated by Tribunal Penalties
Maximum Fines
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.