Winter 2020 MRT 398: Privacy Regulations and Direct Marketing

This presentation analyzes the effects of recent privacy regulations, specifically CASL and GDPR, on direct marketing practices in Canada. It examines how these regulations have altered business operations, focusing on the handling of commercial electronic messages (CEMs) and the implications for various marketing strategies. The presentation provides a detailed overview of CASL, covering its impact on messaging within and outside of Canada, and GDPR, highlighting its influence on data security and processing. Furthermore, the presentation forecasts the potential impacts of these regulations on Canadian businesses over the next five years, considering factors like new exemptions, penalties for non-compliance, and the evolving landscape of digital communication. References from industry research are included to support the points of view.

INTRODUCTION OF
PRIVACY REGULATIONS
(Case of Canada)

• The following presentation demonstrated how the recent privacy
regulations like GDPR or CASL has altered the way business are active.
This is related to Canada’s Direct Marketing.
• Besides, the ways these influences the business of Canada for the
upcoming years is also demonstrated.

UNDERSTANDING THE PRIVACY
REGULATIONS:
• Canadian Anti-Spam Law or CASL and General Data Protection Regulation
or GDPR.
• The CASL covers every messages that re sent to or out of the nation.
• Nevertheless, this never involves messages that are routed simply across
the country.
• On the other hand, GDPR generates uniform regulation over the
electronic messages around every member states European Union.

CANADA'S ANTI-SPAM
LEGISLATION:
• It is federal law that deals with various spam and additional electronic
threats. This indicates the protection of Canadians assuring that they can
perform the competition under the worldwide marketplace.

• As CASL
originated with
full force, this
implemented
changes to
PIPEDA or
Personal
Information
Protection and
Electronic
Documents Act
(Shaykevich,
2018).

GENERAL DATA PROTECTION
REGULATION:
• The GDPR needs the
personal data to get
processes such that
it assures the
security.

• This involves the protection against unlawful or unauthorized processing
along with against the damage, destruction and accidental loss.
• This needs that suitable organizational or technical measures are utilized
(Regulation, 2018).

WAYS THEY CAN AFFECT BUSINESS OF
CANADA FOR THE UPCOMING FIVE YEARS:
Case of CASL:
• There would be latest regulations of Industry Canada that are to be implemented for
5 new total exemptions.
• The CEM or Commercial Electronic Message that are sent from the instant messaging
platforms like LinkedIN InMail or BBM messenger where the needed identification and
mechanisms are to be unsubscribed are published clearly in user interface.
• There must be limited access, confidential accounts like banking portals or secure.
• CEMS are been sent to some foreign nations. It is reasonable that the message might
be opened in the nations having same rules as CASL.
• CEMs that are by sent by the registered charities mainly for raising funds.
• CEMS that are sent by the political parties searching of contributions (Sookman,
2016).

Case of GDPR:
• The serious infringements must attract a penalty that would be 4% of the
yearly turnover of corporate groups.
• The lesser infringements would attract penalties that is 2% of yearly
turnover throughout the world of the corporate team.
• GDPR must bring private lawsuite and would be represented by different
organizations of public interest (Goddard, 2017).

REFERENCES:
• Goddard, M. (2017). The EU General Data Protection Regulation (GDPR):
European regulation that has a global impact. International Journal of
Market Research, 59(6), 703-705.
• Regulation, P. (2018). General data protection regulation. INTOUCH.
• Shaykevich, A. (2018). The King of the CASL: Canada's Anti-Spam Law
Invades the United States. Brook. L. Rev., 84, 1321.
• Sookman, B. B. (2016). Commentary: John Kasich Trumped By Canada’s
Anti-Spam Law?.