1、Luxury brands that speak to their values as a generation who want to halt climate change. And whats more, the laws of various jurisdictions now require disclosure, whether on a brands website or products themselves, as to the steps the company is taking with respect to its supply chain. Luxury brand
2、s will need to consider environmental and sustainability issues in manufacture and be transparent about their methods, materials and labour standards throughout the supply chain. Blockchain is one way that brands can do Law Business Research 2020 Introduction Hogan Lovells Luxury and (ii) delivery o
3、f a copy of the agreement to the consumer. Further, these disclosures must be prominent, clear, compre- hensible and available in a manner that: (i) requires the consumer to access the information; and (ii) allows the consumer to retain and print the information. In some provinces, these rules only
4、apply to sales over C$50. Note that doing business online in the province of Quebec (or avail- able to Quebec consumers) attracts other legal considerations, such as French language laws and specific consumer contractual requirements. E-commerce fashion retailers should also be aware of consumer pro
5、tection rules under the federal Competition Act that prohibit busi- nesses from engaging in deceptive marketing practices for the purpose of promoting a product or a business interest. This prohibition applies to all representations, in any form, that are false or misleading in a mate- rial respect.
6、 Canada also has strict private sector privacy legislation, both at the federal and provincial levels, which must be taken into account in the planning and launch of an online fashion marketplace or store. This is discussed in further detail below. Also, organisations conducting trans- actions via p
7、ayment cards may be required to comply with the Payment Card Industry Data Security Standard (PCI-DSS) and ensure the terms of those standards bind their service providers or their service providers are PCI-DSS certified. Online fashion retailers also need to take notice of the Web Content Accessibi
8、lity Guidelines (WCAG) 2.0, an internationally accepted standard for web accessibility developed by the World Wide Web Consortium. WCAG 2.0 explains how to make web content more accessible to people with disabilities. The Ontario Integrated Accessibility Standards require private sector organisation
9、s with 50 or more employees as well as designated public sector organisations to conform to WCAG 2.0. The Ontario government has provided a useful guide for companies to follow to ensure compliance, which includes recommendations for: (i) testing compliance of current websites; and (ii) working with
10、 web developers to ensure future websites satisfy WCAG criteria. In the coming years, other jurisdictions in Canada may adopt similar legal requirements. In terms of selecting a domain name in Canada, the .ca domain name is administered by the Canadian Internet Registration Authority (CIRA). CIRA re
11、quires registrants to meet Canadian presence require- ments designed to ensure that the .ca domain remains a key public resource for the social and economic development of all Canadians. Retailers typically meet the Canadian presence requirements by creating a Canadian corporation or registering a t
12、rademark in Canada that corresponds to the desired domain name. Because of the widespread accessibility of online vendors, Canadian regulators have been required to determine how and when they will take jurisdiction over a website and its content. The Competition Bureau, for example, will address on
13、line marketing and advertising claims if the content is considered to have a fact-based connection to Canadian consumers. Some indicators of a connection include the use of a .ca website, providing pricing in Canadian dollars and offering sales or discounts on transportation to a Canadian jurisdicti
14、on. Sourcing and distribution 9 How does e-commerce implicate retailers sourcing and distribution arrangements (or other contractual arrangements) in your jurisdiction? Sourcing and distribution arrangements are often created to specifically contemplate online sales. From a commercial perspective, s
15、tandard sourcing and distribution agreements may contain geographic sales limitations that would prohibit online sales to a variety of Canadian and international jurisdictions, so it is often the case that separate and additional agreements are created for online sales. In addition, where larger ret
16、ail sourcing arrangements might allow for co-mingling of merchandise, this may not always be advisable for online sales. It is possible that regulated products in one jurisdiction may not be lawfully sold in another if regulatory standards differ this needs to be clearly addressed in a sourcing stra
17、tegy for potential international online sales. Larger online retailers often source bulk product that is stored in sourcing warehouses in Canada, from which the product is distributed post-online sale. This can streamline the fulfilment process as inter- national issues such as shipping and customs
18、clearance can cause lag in delivery to customers. In these instances, contractual arrange- ments between the retailer and the sourcing partner often call for, for example, a certain volume and value of merchandise to be warehoused, or for drop sales arrangements. This largely depends on whether the
19、online retailer is selling direct to consumer, or whether the consumer is purchasing from a third-party vendor using a marketplace platform. Standard sourcing arrangements are not typically suited to cover risk in either case. Accordingly, the sourcing and distribution contractual arrangements are o
20、ften executed specifically for online sales supply. Terms and conditions 10 What special considerations would you take into account when drafting online terms and conditions for customers when launching an e-commerce website in your jurisdiction? Online orders are generally considered future perform
21、ance agreements or distance sales contracts under provincial consumer protection legis- lation, imposing certain obligations on retailers that sell items online. Various provinces have enacted legislation that requires suppliers to disclose certain information and to memorialise the sale in writing.
22、 Law Business Research 2020 Canada McCarthy Ttrault LLP Luxury (ii) retailers compel a supplier to adopt price maintenance to facilitate less-vigorous price competition among retailers or to exclude discount retailers; or (iii) an incumbent supplier uses price maintenance to guarantee margins for re
23、tailers to make them unwilling to carry the products of rival or new entrant competi- tors to the supplier. Exclusive dealing, tied-selling and market restrictions may raise concerns if any such practice is engaged in by a major supplier, and the practice has substantially lessened competition (or i
24、s likely to). It is therefore prudent for suppliers to consider the competition law risks before engaging in such conduct given the possibility of a Competition Bureau inquiry or application to the Competition Tribunal by the Competition Bureau or private parties. A refusal to deal situation most fr
25、equently occurs where a supplier ceases to supply a retailer or distributor, and the business of such retailer or distributor is seriously affected because none of the poten- tial suppliers are willing to deal with the company. If all the legislative requirements are met, the Competition Tribunal ma
26、y, on application by the Commissioner of Competition or a private party, order the supplier to accept the customer who was refused supply. EMPLOYMENT AND LABOUR Managing employment relationships 27 What employment law provisions should fashion companies be particularly aware of when managing relatio
27、nships with employees? What are the usual contractual arrangements for these relationships? The types of employment-related legislation with which fashion compa- nies should be familiar, as employers operating in Canada, include legislation dealing with employment standards, labour relations, human
28、rights, occupational health and safety, accessibility stand- ards, federal and provincial privacy rules, and employment benefits, including pension, employment insurance and workers compensation. The employment relationship in Canada is governed by a broad array of legislation and common law princip
29、les. Employers need to be aware of the various legal considerations to avoid attracting liability in the workplace. All jurisdictions in Canada have enacted legislation that estab- lishes certain minimum employment standards. Generally, employment standards acts (ESAs) are broad and apply to employm
30、ent contracts, whether oral or written. The standards defined in the ESAs are minimum standards only, and employers are prohibited from contracting out of or otherwise circumventing the established minimum standards. These laws spell out which classes of employees are covered by each minimum standar
31、d and which classes of employees are excluded. Unlike employers in the United States, Canadian employers may not terminate employees at will. Generally, employers must provide required notice of termination, unless they have just and sufficient cause to terminate an employee without notice. The leng
32、th of the required notice period varies among jurisdictions, but generally increases with an employees length of service. In addition to minimum statutory termination and severance pay entitlements, a terminated non-union employee may be entitled by common law (or civil law in Quebec) to additional
33、notice of termination or pay in lieu of notice. This right may be enforced before the courts. The amount of notice will depend on the employees individual circum- stances, including length of service, age, the type of position held and the prospect for future employment. In most jurisdictions, an em
34、ployer can limit its liability to the statutory minimum in an employment contract. Employers who wish to avoid or limit liability for common law pay in lieu of notice should therefore have clear terms in written contracts. Trade unions 28 Are there any special legal or regulatory considerations for
35、fashion companies when dealing with trade unions or works councils? Fashion companies should note that the federal government and each province have enacted legislation governing the formation and selec- tion of unions and their collective bargaining procedures. In general, where a majority of worke
36、rs in an appropriate bargaining unit are in favour of a union, that union will be certified as the representative of that unit of employees. An employer must negotiate in good faith with a certified union to reach a collective agreement. Failure to do so may result in penalties being imposed. Most w
37、orkers are entitled to strike if collective bargaining negotiations between the union and the employer do not result in an agreement; however, workers may not strike during the term of a collective agreement. Immigration 29 Are there any special immigration law considerations for fashion companies s
38、eeking to move staff across borders or hire and retain talent? As a general principle, any foreign national who is neither a Canadian citizen nor a permanent resident of Canada cannot work in Canada unless authorised to do so. For Canadian immigration purposes, work is defined as an activity giving
39、rise to the payment of a salary or commis- sion, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. If the foreign national is considered to be seeking to work in Canada, the immigration officer will then determine whether: (i) a work
40、 permit is required; or (ii) the work in question falls into one of the categories of work for which a work permit is not required (work permit exempt). Canadian immigration authorities have outlined specific situa- tions in which work completed in Canada will be work permit exempt, including, subje
41、ct to certain conditions, where providing after sales or lease services, acting under a warranty or service agreement, acting as installation supervisors, acting as trainers and trainees, providing intra-company training and installation activities, for board of directors meetings, short-term work v
42、isits for highly skilled workers, researchers and foreign students studying in Canada. Law Business Research 2020 Canada McCarthy Ttrault LLP Luxury a focus on sustainability; the entry into the market of disruptors and new ways of doing business, such as rental services and subscription services; i
43、ntensifying efforts across all channels to deal with counterfeits and maintain brand integrity; and increased scrutiny of influencer advertising and social media. Recent changes in legislation and regulation include: (i) amend- ments to the Proceeds of Crime (Money Laundering) and Terrorist Financin
44、g Act, which include record keeping and reporting require- ments in respect of transactions involving virtual currency, application of the Act to certain types prepaid cards, and changes to reporting requirements for suspicious transaction reports and electronic funds transfer reports; and (ii) sinc
45、e 1 November 2018, commercial organi- sations are subject to mandatory data breach reporting requirements under PIPEDA, requiring them to report breaches of security safe- guards involving personal information posing a real risk of significant harm to individuals. In addition, in May 2019 the Canadi
46、an government announced the introduction of Canadas Digital Charter and proposed legislative reform to modernise PIPEDA. * Portions of the responses relating to Canada have been devel- oped or reproduced from McCarthy Tetrault LLPs Cross-Border: A Retailers Guide to Doing Business in Canada publicat
47、ions. All of McCarthy Tetrault LLPs rights in these portions are reserved. Dana Siddle dsiddlemccarthy.ca Lara Nathans lnathansmccarthy.ca Martha Harrison mharrisonmccarthy.ca Trevor Lawson tlawsonmccarthy.ca Dominic Thrien dtherienmccarthy.ca Selina Lee-Andersen slandersenmccarthy.ca Adam Ship ashi
48、pmccarthy.ca Vincent Yip vyipmccarthy.ca Nicolas Desy ndesymccarthy.ca Carmen Francis cfrancismccarthy.ca Michael Scherman mschermanmccarthy.ca 66 Wellington Street West Suite 5300, TD Bank Tower, Box 48 Toronto ON, M5K 1E6 Canada Tel: +1 416 362 1812 / +1 877 244 7711 Fax: +1 416 868 0673 www.mccar
49、thy.ca Law Business Research 2020 China Angell Xi (Minjie) Jingtian Law of the Peoples Republic of China on Imported and Exported Commodities Inspection (revised in December 2018) and the Implementing Regulations of it (revised in 2019); Regulations of the Peoples Republic of China on Import and Export Duties (revised in 2017); Law Business Research 2020 China Jingtian and Regulations of the Peoples Republic of China on Origin of Imported and Exported Goods (revised in 2019). If food, cosmetics, gold, gold products or any other regulated product is involved in fashion good
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