Canada Industry Group Releases Digital Advertising Policies

Written by: Charles R. Langhorne, IV, Esq.

In 2020, Canada announced that its legislature was planning to revamp the existing federal legislation (PIPEDA). The understanding is that it will lead to a more GDPR-esque framework of data privacy.

The goal of these policies is to govern the direction of IAB Canada’s role in shaping the forthcoming privacy legislation in Canada. The policies are very specific as to the role participants will play in furthering the IAB Canada objects regarding TCF.In anticipation of the new legislation, the Interactive Advertising Bureau of Canada (IAB Canada), a leading industry group, released a set of policies for the Canadian version of the Transparency and Consent Framework (TCF). TCF is a concept IAB chapters around the world have been touting. For obvious reasons this has gained the most traction in the European Union due to GDPR. But as we continue to see countries introduce first-time data privacy legislation, or refresh existing law, the TCF concept is appearing in all legislation.

While these are simply policies that will lead to substantive content, this is an important development due to the scrutiny digital advertising is receiving as of late. Specifically under the GDPR, ePrivacy Directive, and the California Consumer Privacy Act. Not only am I looking forward to IAB Canada’s opinion on the content of Canada’s forthcoming legislation, but I am also looking forward to their opinion on how to operationalize the legislative requirements. As I have said many times before, giving legal advice sometimes is the easiest part of a compliance program; putting the operational tools in place to effectuate the legal requirements can be a bear.