Countdown to Quebec Privacy Compliance
The bulk of Quebec’s new privacy law requirements come into effect on September 22nd and according to a recent survey of 100 plus organizations, conducted in partnership with Gowling WLG, there are still several concerns and uncertainties about many aspects of this emerging legislation. You can find the full report here.
And while things are still rather murky, industry is making moves towards compliance. According to our Law 25 Barometer study (designed to get a pulse on how our members intend to engage with the Quebec market) most respondents intend to surface a consent management platform to Quebec residents as well as work with TCF Canada registered vendors. This comes as no surprise as we are seeing registrations for our technical framework growing every day.
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 also 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.
Artificial Intelligence – New federal legislation and Canadian Code of Practice Governing Generative AI
Canada’s first law governing AI (AIDA) was tabled alongside a new federal privacy bill as a part of the Digital Charter. The purpose of AIDA is to set the foundation for the responsible design, development and deployment of AI systems. The Act would ensure that AI systems deployed in Canada are safe and non-discriminatory and would hold businesses accountable for how they develop and use these technologies.
While the intent of the bill is good, the lack of detail and regulations are concerning. Government has said that regulations will be developed post passing with the input of industry which is not ideal. We are actively responding to this bill and will be working with our AI policy working group on a formal response to ISED on AIDA
In the meantime, ISED has proposed a Canadian Code of Practice for the use of generative AI. The purpose of this code is to provide voluntary guidance to companies developing and using AI systems and help them to prepare their processes and products before formal regulation takes effect. IAB Canada was one of the only trade associations invited to attend their upcoming round table discussions on the proposed code and we look forward to representing our industry next week and asking some key questions of government as the pace and lack of detail surrounding this proposal is quite concerning.
iGaming – New ban on the use of athletes and celebrities
Last week the Alcohol and Gaming Commission of Ontario (AGCO) made announced updates to the Registrar’s Standards for Internet Gaming which will impact IAB Canada members. As of February 28th, 2024, iGaming operators will no longer be able to use active or retired athletes in their marketing and advertising except for the exclusive purpose of advocating for responsible gambling practices. In addition, celebrities, role models, social media influencers, entertainers, cartoon figures and symbols who “would likely be expected to appeal to minors” will also be restricted form use which broadens the existing standard that prior to this change prohibited the use of advertising and marketing content with a “primary appeal to minors”.
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