Title: Permission-Based Marketing Under Canada's New Privacy Laws
Abstract: ranchisors doing business in Canada must generally develop privacy policies and implementation strategies, particularly with respect to marketing, designed to comply with Canada’s new privacy laws. The primary change from previous practice is that franchisors now need the consent of their system’s customers for all marketing activities that involve the collection, use, or disclosure of personal information. In the process, they may well be laying the groundwork for compliance with the privacy laws of other countries, particularly those in Europe. In 1995, the European Union adopted what is known as the E.U. Data Directive, 1 which stipulates that the transmission of personal information outside the E.U. is possible only to countries where the law affords similar protection to personal data. The E.U. Data Directive also establishes procedures for approving countries that had adequate data protection laws or for approving transfers on a case-by-case basis where data protection would be ensured by contract. Because of its significant implications for the E.U.’s trading partners, the E.U. Data Directive has accelerated the adoption of privacy laws around the world, including those in Canada. This article begins by describing the basic nature of privacy laws followed by a review of Canada’s current system of national and provincial privacy laws. Because permission-based marketing requires obtaining the appropriate consent from the customer, this article next examines the nature of consent, what constitutes “sensitive information,” and management of “sensitive” areas and purposes. It concludes by reviewing appropriate forms of consent for various types of data.
Publication Year: 2004
Publication Date: 2004-01-01
Language: en
Type: article
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Cited By Count: 2
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Is OA: False
Landing Page URL: http://jonesco-law.ca/89/files/pdfs/pfr - flj fall 2004.pdf