CMA Guides

This guide is an essential resource for non-profit organizations (NFPs) and charities seeking to understand and comply with marketing rules. The Guide covers:

• Privacy laws and their application to NFPs' commercial activities
• Email and mobile marketing regulations, including CASL exemptions
• Contest rules and compliance requirements
• Influencer marketing guidelines
• Direct mail best practices
• Telemarketing regulations and exemptions for charities

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CMA Guide on AI for Marketers
This Guide outlines regulatory expectations, offers practical insights and suggests best practices to help marketers leverage AI effectively and ethically. It aims to help organizations: 

• earn the confidence of regulators,  
• maintain a strong brand reputation, and  
• foster consumer trust.  

Our guide delves into:

• Key considerations for AI applications in marketing, including:
• Ethical use of personal information in algorithms
• AI-driven content creation strategies
• Implementing consumer-facing AI applications
• The rising trend of AI influencers
• A practical framework for implementing AI in your marketing efforts
• Best practices and "Do's and Don'ts" to ensure responsible AI use
• In-depth appendices covering:
• Fundamental AI principles for marketers
• Risk management strategies for AI in marketing
• Intellectual property guidelines for AI-generated content
• The perceived business value of generative AI

Whether you're taking your first steps in AI-driven marketing or looking to enhance existing AI strategies, this Guide will equip you with the knowledge, practical tips, and tools to succeed. It will help ensure that all participants in the marketing value chain understand their specific obligations and can implement or work within appropriate governance measures. 

The Guide has been thoroughly reviewed by the globally renowned Vector Institute. We appreciate their input and guidance.

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CMA Accountability Checklists for AI in Marketing

These Checklists address a critical challenge in AI governance: the need for clear, role-specific guidance in a landscape where responsibilities often overlap or remain unclear. By introducing the concept of Key Accountable Stakeholders, we provide a structured framework that clearly delineates who is responsible for what in the AI marketing ecosystem. This approach ensures that all participants in the marketing value chain understand their specific obligations and can implement appropriate governance measures.

These Checklists should be reviewed alongside the CMA Guide on AI for Marketers, which provides essential frameworks and protocols for responsible AI usage.

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Setting the Stage on Artificial intelligence: A CMA Primer on AI for Marketers

Our comprehensive Primer is your entry point to understanding and leveraging AI in marketing. It equips you with foundational knowledge and is a companion to the CMA Guide for AI for Marketers. It sets the stage for our Guide and Checklists by outlining

• how AI will impact marketing,
• the current state of AI adoption and the regulatory environment in Canada,
• the value proposition of AI for consumers, and for marketers, and
• an overview of important global frameworks for AI.

The Primer has been thoroughly reviewed by the globally renowned Vector Institute. We appreciate their input and guidance.

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Law 25 is Quebec’s new private sector privacy law. It was adopted in September 2021 and rolled out in stages. It includes a range of new requirements for businesses in Quebec and for businesses processing the data of Quebec residents. Major updates include strengthened privacy rights for individuals and several controller requirements, such as privacy policies, risk assessments, and data breach notification.

This CMA Guide helps marketers understand how the new rules apply to their marketing activities. The information has been distilled from legal requirements and recommended practices from the CAI, the Quebec government, and the expert members of the CMA’s Privacy and Data Committee. The Guide provides information about how Law 25 compares to other Canadian privacy laws, and deep dives into consent, anonymization, and tracking technologies. Additional sections will be added as the regulator releases guidance in more areas.

For an overview of navigating law 25 for marketers, read this blog.

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Influencer collaborations offer both opportunities and potential risks to brands. This guide helps marketers navigate this landscape by providing insights in four key areas:

1. Strategic influencer selection and management.
2. Content development and brand alignment.
3. Contract considerations, including content ownership and exclusivity clauses.
4. Laws and compliance.
   

The information in this guide helps marketers create compliant and effective strategies and campaigns.

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The CMA Guide to Truthful Marketing contains essential information about understanding and avoiding misleading representations and deceptive marketing practices. This knowledge will help marketers create compliant strategies and campaigns from the onset, facilitate effective communication with legal and compliance teams, contribute to a strong brand reputation, and help foster consumer trust.

The Guide includes use cases to help demonstrate how the Competition Act applies to marketing activities such as:

• Influencer marketing;
• Promotional contests;
• Drip pricing
• Testimonials on social media;
• Online reviews; and
• Environmental and green claims.

(CMA member login required)

Your brand is an asset. Are you protecting it effectively?

This guide is a roadmap to navigating the complex landscape of trademarks in Canada. It equips marketers with the knowledge to make informed decisions about their trademark strategy by distilling what they need to know to future-proof brands.

The guide covers:

• Definition and types of trademarks
• Role of the Canadian Intellectual Property Office (CIPO) and Canada's first-to-file system
• Navigating Quebec's language rules and impact on trademarks
• Trademark stewardship including monitoring, portfolio auditing and renewal

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The CMA Quebec French Language guide provides essential insights about the Charter of the French language and Bill 96. Its aim is to assist marketers in creating compliant strategies and campaigns while facilitating effective communication with legal and compliance teams.

The Guide provides answers to frequently asked questions about marketing and communications, talent management and more. Specific topics include:

• Networking and tradeshows;
• Websites and social media;
• Trademarks;
• Warranty and product descriptions;
• Contracts; and
• Impact on businesses that do not operate inside Quebec.

(CMA member login required)

Developed by our iGaming Committee, this guide provides marketers with information and insights to enable compliance with the marketing and advertising rules that apply to iGaming for a variety of marketing activities.

This resource covers:

• Registrar’s Standards for iGaming
• iGaming Ontario’s marketing, advertising and branding policy
• Considerations for digital platforms

(CMA member login required)

For more information, contact the CMA Public Affairs team

Digital materials must comply with federal and provincial laws. These laws are based on the principle that consumers with disabilities, whether temporary or permanent, should have the opportunity to engage in the online marketplace and be a part of the online environment.

Developed by our Ethics and Standards Committee, this guide brings together essential information for marketers about rules and best practices to ensure your digital materials meet accessibility standards.

The guide covers:

• Page titles
• Navigation
• Audio and video
• Imagery
• Webform accessibility
• Accessible PDFs and more

(CMA members-only)

For more information, contact the CMA Public Affairs team

Developed by our Cannabis Marketing Standards Committee, this resource answers frequently asked questions to familiarize marketers with cannabis marketing rules in Canada. This resource brings together essential information for marketers about rules and best practices.

Topics covered:

• Social media
• Claims
• Out of home
• Influencers and celebrities
• Provincial and territorial regulations
• Email marketing and more

(CMA members-only)

The CMA Guide on Cannabis Marketing helps marketers to comply with the legislation and follow best practices. This is relevant not only for front-line marketers in the cannabis sector, but also for their suppliers. It covers activities such as packaging, and the sale of non-cannabis items such as promotional items.

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This guide contains information on implementing Canada's federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA) and the seven compulsory privacy requirements that are detailed in the Canadian Marketing Association's Canadian Marketing Code of Ethics & Standards. PIPEDA came into effect across Canada on January 1, 2004, setting the rules for the collection, use and disclosure of personal information by Canadian organizations in the course of commercial activities.

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This guide sets out a Transparency Framework to help organizations provide clear, user-friendly information about how consumers’ personal information is collected, used and shared. CMA members and the marketing industry can use this information to tailor their privacy policy and practices to suit their sector, business model, consumers' preferences and products.

The Guide will help companies comply with new Guidelines for Meaningful Consent, issued by the Office of the Privacy Commissioner, which came into effect on January 1, 2019. It is the latest in a series of tools created by the CMA to help Canadian marketers maintain high standards of professional conduct.

The Guide reflects consumers' perspectives on transparency, gleaned from two research studies commissioned by the CMA and released in 2018. 

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Compiled by industry experts, the Digital Marketing Rules in Canada guide brings together the rules and regulations that organizations must follow in their digital marketing activities in Canada.

Part 1 identifies the laws and standards that marketers must or should adhere to when engaging in the following types of digital activities:

• Email and text,
• Influencer, referral and affiliate marketing,
• Online marketing, and
• Websites and mobile apps.
  

Part 2 summarizes key elements of the following relevant legislation:

• Accessibility,
• Advertising to children,
• California Consumer Privacy Act (CCPA),
• Canada Anti-Spam Legislation (CASL),
• Competition Act,
• Promotional Contests,
• General Data Protection Regulation, and
• Personal Information Protection and Electronic Documents Act (PIPEDA).

The laws referenced in this guide apply to all channels, even those that are not specifically referred to in this guide. For example, the Competition Act applies to content on mobile apps.

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For more information, contact the CMA Public Affairs team.

CMA CASL guide

This guide contains essential information for marketers about Canada’s Anti-Spam Legislation (CASL) by providing answers to a series of frequently asked questions. Developed by our Ethics and Standards Committee and reviewed by industry experts, readers can identify the questions most relevant to their initiatives and easily obtain the information and guidance they need to comply with the law and best practices.
 
Topics covered:

• Sending commercial electronic messages
  
• Consent
  
• Transactional emails
  
• B2B and charities
  
• Referrals
  
• Contests and consent collection
  
• List sharing
  
• Mobile
  
• Unsubscribe mechanisms
  
• Record keeping and more

(CMA members-only)

CMA CASL Checklists for Marketers

This resource serves as a companion to the comprehensive CMA Guide to Canada’s Anti-Spam Legislation (CASL).

This guide includes a series of scenarios commonly encountered by marketers, along with corresponding checklists to support compliance with CASL. Each scenario addresses specific situations, such as sending emails to prospects, launching contests, or soliciting reviews, providing actionable steps to maintain compliance and foster positive relationships with your audience.

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Contests in Canada have a loyal following and high consumer engagement. They generate buzz and interest, making them a popular tactic of marketing campaigns.

Before launching a contest, it’s crucial for marketers to familiarize themselves with the relevant laws. This guide has all the information along with answers to frequently asked questions like what are mini-rules and what should be included, and what is an alternate means of entry?

The guide also covers:

• Promoting contests;
• Contests in Quebec;
• Global contests and more.

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This guide provides CMA members with (a) an overview of the European Union (EU)’s General Data Protection Regulations (GDPR), (b) information on the GDPR’s requirements, and (c) a collection of important government and CMA resources that will help to support GDPR compliance.

(CMA members-only)