Regulatory and standards highlights

With summer in full swing, below is a wrap-up of CMA’s advocacy and standards activities from the first half of the year, in one easy to access blog.

Privacy Law Reform and AI Regulation

With private sector privacy rules under reform across Canada, the CMA has been actively engaged in advocacy.

Federal privacy reform

Canada’s long-awaited federal privacy bill was tabled in the House of Commons on June 16, 2022. If passed, it would replace PIPEDA – Canada’s current privacy law for the private sector – with a new law, to be known as the Consumer Privacy Protection Act (CPPA).

The CMA issued a statement welcoming the bill, and we will be actively involved in consultations with government to support its further study.

CMA members can access a detailed overview of the privacy aspects of Bill C-27, and non-members can access a condensed version. 

Our annual privacy event for the marketing community, CMAprivacy on November 1, is open for registrations, and will feature top privacy, marketing and government experts.

Federal AI regulation

Canada’s Bill C-27 introduces proposals to regulate the use of high-impact artificial intelligence (AI) systems through the Artificial Intelligence and Data Act (AIDA). CMA members interested in informing the CMA’s recommendations on AI regulation should reach out to Fiona Wilson, CMA’s Director, Public Policy and Chief Privacy Officer as soon as possible.

New Quebec privacy law

Quebec’s new privacy law (Bill 25, previously known as Bill 64), will come into effect in stages in September 2022, 2023 and 2024.

Most of the law’s marketing-related provisions will take effect in September 2023, and we encourage marketers to prepare their compliance plans now. CMA members can access our Privacy Law Comparison Chart which compares key provisions of Quebec’s new law with other major privacy laws.

The CMA has participated in a cross-industry effort to develop preliminary draft interpretations of Quebec's new privacy law. Members who want more information can contact Fiona Wilson.  We look forward to releasing official CMA guidance at the earliest possible time.

Research

DEI

CMA released the report From Engagement to Retention: DEI’s Impact on the Marketing Profession, which provides insights from the second year of the CMA’s survey on diversity, equity and inclusion (DEI). We launched the survey following the commitment that we made in the spring of 2020 to take steps to combat racism and other types of discrimination in the marketing profession. Key findings include:

• In workplaces with well-diversified senior leadership, marketers feel welcome.
• A fully inclusive work environment benefits marketers and businesses, but this is an elusive goal for most organizations.
• Meaningful DEI efforts can blunt the impact of the Great Resignation.

Privacy
The CMA released a report in February - Privacy Law Pitfalls: Lessons Learned from the European Union – which compiled critical analyses of Europe’s experience with its privacy law, the General Data Protection Regulation (GDPR). As Canada contemplated privacy reform, the report provided a cautionary tale for policymakers to avoid the negative consequences for governments, consumers and organizations that have resulted from the EU’s overly complex framework. The report reinforces the need for a uniquely Canadian privacy law that modernizes privacy protections for consumers and supports the digital economy.

Standards

iGaming

The Internet Gaming Committee Chair provided an overview of what Ontario’s new competitive regulated iGaming market means for marketers. One of the takeaways that marketers should keep top of mind is that responsible gambling is a key priority for the regulators – and by extension for operators. Marketing and advertising materials should not promote gambling as anything other than entertainment – a form of entertainment that is to be used in a responsible manner. More detailed guidance will be released soon.

Environmental claims

The Competition Bureau outlined what marketers need to know about environmental claims in a recent interview with CMA staff, that appears on our blog. Insights include what types of claims are allowed under the law and steps businesses can take to be compliant. This is an important area for marketers to be attuned to, in light of Canadians’ growing concerns about the environmental impact of the products and services they use,

Canada’s Anti-Spam Legislation (CASL)

Compliance with CASL is more important than ever as email marketing becomes increasingly sophisticated. The CASL quiz for marketers, created by the Ethics and Standards Committee, is a great way to test your knowledge of the rules and to be up to date.

Looking for more hands-on training on CASL and privacy? Ourprivacy and CASL compliance workshops have opened for registrations. Marketers can join an introductory session (CASL and Privacy 101 for Marketers on November 22), an real-world case-study session (CASL and Privacy Interactive Training on November 30), or both.

Stay tuned for new member guidance on accessibility, cannabis marketing and more.

All of the topics covered in this blog can be accessed on our website under Advocacy – Policy Topics, Maintaining Standards or Research Centre.

Florentina Stancu-Soare | Director, Public Affairs and Regulatory Standards | CMA
Fiona Wilson | Director, Public Policy and Chief Privacy Officer | CMA