Bill C-27 – Federal Privacy and AI Legislation
The fate of Bill C-27 which includes a PIPEDA overhaul (CPPA) and new regulation governing the use of AI (AIDA) is back in the house as the Standing Committee on Industry and Technology (INDU) has returned to session. Last week’s news that PIPEDA has retained adequacy status by the EU may delay the urgency to pass the Bill given that there has been some optimism about the passing of this much needed reform. Some stakeholders still believe the Bill could be split but we will just have to wait and see. IAB Canada has made our position known in our formal briefing.
In the meantime, the OPC is holding a consultation on their newly launched draft guidance on biometric technologies. IAB Canada intends to respond and if you are a member and would like to contribute, please reach out to policy@iabcanada.com.
Quebec’s Law 25 – Updates and Barometer on Consent Rates
The bulk of Quebec’s new privacy law requirements came into effect on September 22, 2023 and with its enhanced transparency and notice obligations, Canadians are starting to see consent management platforms (CMPs) appearing in our market – an indicator of our industry rising to comply.
Also worth noting is the growing number of participants in TCF Canada. Acting as a roadmap for publishers, technology vendors, agencies, advertisers, and digital marketers, TCF Canada ensures they are working under appropriate legal purposes for processing personal data in the Canadian market provides technical specifications and policy documents to help players in the digital marketing and advertising ecosystem clearly and consistently communicate with end users about how their data is being used. This best-in-class framework provides an opportunity for users to object and manage their consent preferences and is a useful tool for managing the requirements of Quebec’s new obligations and registration numbers are growing daily.
To measure the pulse on current opt in rates since Law 25 IAB Canada is surveying our members. The plan is to put together a comprehensive report on the state of consent in Canada so if you have not responded please do so here.
Meanwhile the Commission d’access a l’information du Quebec (CAI) has issued some new guidance to support Law 25 in the areas of Consent, Biometrics and anonymization. For more information visit our Quebec privacy resource page.
Advertising to Children
The Coalition of Advertisers which includes IAB Canada, met to discuss recent developments on the Advertising to Children file. Currently there are two forces at play at the government level to bring to life new obligations to restrict food advertising primarily directed at children. We have Bill C-252 (a Private Member’s Bill) and Health Canada’s latest proposed policy update which would amend the Food and Drug Act as a part of their Healthy Eating Strategy and commitment to protecting children’s health. IAB Canada is advocating on behalf of our membership and recently submitted a response to Health Canada on their proposal.
Some heavy lifting has been done by industry with the launch of the
Code for the Responsible Advertising of Food and Beverage Products to Children (“Food and Beverage Advertising Code”) that is administered by Advertising Standards Canada, who implements preclearance services under this Code and a compliance and complaint reporting mechanism governing all food and beverage advertising across Canada on any media. This Code speaks to many of Health Canada’s earlier concerns. We will be holding an information session in collaboration with AdStandards for our members so keep an eye out for an invite.
iGaming – Updated Policy Change and Upcoming Webinar
The Alcohol and Gaming Commission of Ontario (AGCO) announced updates to the Registrar’s Standards for Internet Gaming which restricts the use of active or retired athletes in their marketing and advertising except for the exclusive purpose of advocating for responsible gambling practices. Representatives from AGCO held a series of industry roundtables to collect feedback on the policy change and will be releasing a final version in the coming days that should provide much needed clarity around the requirements. Once published IAB Canada will be hosting a discussion to take our members through the new obligations.
Also, join us on January 31st at 1pm when we will be joined by Vividata who will be presenting “Upping the Odds: The Canadians Betting Sports Online” – a topline look at the Canadian consumers putting their sports knowledge to the test through online betting.
To get involved please reach out to policy@iabcanada.com