Internet and new media advertising and marketing can be challenging for brands. Some of the potential challenges include consistent enforcement, including by the federal Competition Bureau and CRTC, in the Internet and new media areas (e.g., relating to influencer marketing, online pricing claims, drip pricing, astroturfing, online disclaimers and disclosures and online and social media promotions), adequate disclosures on new platforms and technology, complying with Canada’s federal anti-spam legislation (CASL) and social media platform terms of use.
We have significant experience providing Canadian advertising and marketing law advice to companies, agencies, communications firms and associations using the Internet, new media and social media in their marketing and promotions.
Internet & New Media Law Services
Our Canadian Internet and new media law services include advice in relation to the general misleading advertising provisions of the Competition Act, best practices for advertising and marketing online, Competition Bureau enforcement policies and guidance for online and new media marketing, the Competition Act’s electronic marketing provisions, helping clients run online and social media based contests and promotions, CASL (Canadian anti-spam law) advice and guidelines and advice to minimize risk relating to specific Internet and new media marketing related issues (e.g., online price claims and disclaimers, influencer campaign disclosures, online endorsements/testimonials, terms of use, using sub-pages for content and disclosures, social media platforms’ terms of use, use of third party content in promotions, hyperlinks and disclosures in new media and mobile).
Representative Work
Some representative examples of our Canadian Internet and new media law work includes CASL (Canadian anti-spam law) advice, compliance programs and checklists, online advertising related opinions and advice, filing Competition Bureau complaints, contest/sweepstakes law advice, drafting contest law rules, forms and related agreements (e.g., co-sponsor, influencer and contest indemnity agreements), reviewing draft online advertising for advertising law compliance, advice relating to disclaimers and online disclosures, influencer marketing campaigns (e.g., influencer agreements, required disclosures and Competition Bureau guidance) and competition and advertising law compliance courses for trade association members, including a national competition law compliance course for organized real estate (Competition Law and REALTORS: What You Say and Do Matters), subject matter expert for a national online competition law compliance course for Canadian REALTORS and subject matter expert and author for the advertising law section of the Canadian Memorial Chiropractic College’s course Ethics in Clinical Practice and Advertising.
