Anticipating the Impact of the GDPR on Data Privacy Laws in Canada

Privacy has become an increasingly hot topic in the industry over the last year and has become a focal point for digital advertisers and their trusted technology partners leading up to the enforcement date of the General Data Protection Regulation (GDPR) later this month.

The often quoted penalties for non-compliance with the European Union’s regulation are fines of up to €20 million or 4% of annual worldwide revenue (whichever is higher) so it’s no wonder that data privacy has become an increasing area of interest and debate.

As mentioned in our previous post, on this topic, we at JUICE, like others in the digital advertising ecosystem, continue to await the benefits and consequences (intended and unintended) of the GDPR to materialize. And, while we must wait to see the effects of the regulation on global markets, we have begun to see some ripple effects in Canada.

Of particular interest to JUICE and to our partners, is the impact the GDPR has undoubtedly had on Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). Several changes to PIPEDA have been already proposed in order to more closely align Canadian standards with the European Union’s. Although enhancements to PIPEDA have not been finalized, some of the areas of PIPEDA currently under review include:

    • The Principle of Consent
    • Opt-in Consent by Default
    • Algorithmic Transparency
    • Revocation of Consent
    • Legitimate business interests
    • Anonymization of Data
    • Consent for minors
    • Data portability
    • Right to Erasure
    • Destruction of Personal Data
    • Privacy by Design
    • The Privacy Commissioner’s ability to impose fines for non-compliance

These proposed changes closely match the most significant and widely debated articles of the GDPR within the marketing industry. With the impending changes to PIPEDA, JUICE continues to invest and make strides in the development of our proprietary data platform. The platform enables digital marketers to take advantage of unique audience segments in order to run effective targeted campaigns. Our platform allows us to nimbly add or take away components as needed and as the laws evolve. We also continue to explore the application and use of non-personally identifiable data such as weather and event information to augment campaign effectiveness.

Naturally, JUICE believes in, and supports individuals’ right to privacy and will continue to be an active voice in discussions and decisions impacting the industry. We are keen on protecting the rights of Canadian consumers while we provide exemplary services to our publishers, agencies and brands by continuing to enrich marketing strategies and helping ad units reach relevant audiences.