PRIVACY REGULATIONS

PRIVACY REGULATIONS

It’s 2021, and technology has only evolved with the passage of time. Many applications, social networks, games, and other websites arose as a result of the technology disruption. There are numerous benefits to this, but there are also some drawbacks, such as client privacy concerns. Customers are exploited, and their privacy is jeopardized for the advantage of marketers, businesses, and others. To prevent, control and stop this legal framework like GDPR and CASL have been introduced.

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU). Since the Regulation applies regardless of where websites are based, it must be heeded by all sites that attract European visitors, even if they don’t specifically market goods or services to EU residents. Adopted in April 2016, the Regulation came into full effect in May 2018, after a two-year transition period. (FRANKENFIELD & DRURY, 2020)

Canada’s anti-spam legislation (CASL) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. It also aims to help businesses stay competitive in a global, digital marketplace. (fightspam.gc.ca)

CASL was founded in 2014 to promote email campaigns and to combat spam and other related challenges. Identity theft, phishing, and the propagation of dangerous software such as viruses, worms, and trojans are among these concerns. This section of anti-spam legislation controls all electronic communications sent by companies in the course of their business. The legal framework had a positive impact.

Impact of Privacy Regulation on Direct Marketing-

Direct marketing consists of any marketing that relies on direct communication or distribution to individual consumers, rather than through a third party such as mass media. Mail, email, social media, and texting campaigns are among the delivery systems used. (KENTON & ANDERSON, 2020)

Impact Under GDPR-

· Beginning in May 2018, businesses must receive informed consent that is “freely offered, explicit, educated, and clear” to be GDPR compliant.

· Following the implementation of GDPR, businesses will be able to deliver emails/communications only to people who have expressed an interest in receiving them.

Impact Under CASL- 2 different kind of consents

1. Express: The recipient has mutually stated to receive CEMs from a certain sender, whether by checking a box on a site to authorize to receiving message, by email, or orally.

2. Implied: Consent may be implied in a variety of scenarios, including but not limited to. (Smith, 2018)

Impact on Canadian Companies in next 1–3 years-

Agreements with Canadian enterprises that analyse information on EU residents should include provisions that adhere with GDPR Section 28. ensuring that those who are authorised to process the data are bound by confidentiality responsibilities The GDPR, on the other hand, has more prescriptive responsibilities, whereas Canada’s privacy regulations are more founded on ideas and are more contextual. (Rembert, 2021)

CASL implies that it will be prohibited for firms and marketers to implant applications or apps in mobile or computer systems in Canada without the owner’s permission. It will also affect social media sites, as well as the Direct messaging functionality. Other usual posts would be allowed, however sending direct messages will require special permission.

There would be a significant impact on businesses that relied solely on the collecting and distribution of user data without ensuring its security. Businesses who previously focused on protecting users’ privacy will be unaffected, since they will only need to adjust their working methods to comply with the new laws.

(SYSTEMS, 2016)

Point of View-

Data collection is a critical practice for a marketer, and he does not have the option to avoid it. As much as I understand this as a consumer, I believe that corporations must also understand and respect our privacy and data. We place our trust in the collector when we supply sensitive data and hope that it does not get into the incorrect hands. Data privacy standards must be followed not only because confidential material could be misused in the event of a breach, but also because there are laws requiring it.

Recently, Apple introduced a feature that allows users to enable or refuse data tracking across apps such as YouTube, Google, and Facebook, which backfired for Facebook because their entire business model is based on the gathering and utilization of customer data. I think all organisations should take at most care of their customers information and should obtain and use it in an ethical way.

Works Cited

fightspam.gc.ca. (n.d.). Canada’s anti-spam legislation.

FRANKENFIELD, J., & DRURY, A. (2020). General Data Protection Regulation (GDPR).

KENTON, W., & ANDERSON, S. (2020). Direct Marketing.

Manager, D. P. (2020). GDPR and Direct Marketing- Challenges and Requirements.

Rembert, L. (2021). The GDPR and What it Means for Canada.

Smith, J. (2018). What is the Canadian Anti-Spam Legislation (CASL) & How Does It Affect My Email Marketing Plan? kitestring.

SYSTEMS, T. (2016). CASL Compliance: Not the End of Marketing .