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2016: Cybersecurity, Corporate Ebola and CASL

Peter Clausi takes a look at the key risks to businesses in 2016 including Cybersecurity and CASL’s looming threat of class action litigation.

Cybersecurity was identified by PWC at its 2015 global conference in Monte Carlo as one of the key risks to businesses in 2016. The cybersecurity insurance market is estimated to be worth USD$7.5B by 2020. IIROC, the self-regulatory body for Canada’s brokerage firms, takes this so seriously that in December, 2015 it issued a standalone Cybersecurity Best Practices Policy aimed at small and medium sized firms.

Currently, the only consequence of a failure to comply with CASL is a prosecution by the Canadian Radio-television Telecommunications Commission (CRTC) and possible fines. The maximum penalty for a violation is $1,000,000 for an individual and $10,000,000 for a corporation, in addition to the legal costs, the cost of distraction and the public relations damage.

The problem is, that will change in July of 2017. That’s when the courts begin to share jurisdiction over CASL breaches. You and your company can then be sued for CASL breaches. Yes, in court, and supportable by class action litigation. And the onus will be on you as the sender to prove you were in compliance – the plaintiffs will not have to prove you weren’t in compliance.

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