Compliance and Legal Considerations in Canadian Digital Marketing Campaigns

Compliance and legal considerations in Canadian digital marketing campaigns primarily revolve around adhering to federal and provincial laws that regulate advertising truthfulness, consumer privacy, and electronic communications.

Key legal frameworks include:

• Competition Act (including Bill C-59 updates in 2024): Prohibits deceptive marketing practices such as false or misleading advertising, including greenwashing claims. Advertisers must ensure all claims are truthful, substantiated, and not misleading to consumers. The Act also requires clear disclosure of material connections in influencer marketing.

• Personal Information Protection and Electronic Documents Act (PIPEDA): Governs the collection, use, and disclosure of personal information in commercial activities. Marketers must obtain clear, informed consent, maintain transparency about data use, and implement robust data security measures.

• Canadian Anti-Spam Legislation (CASL): Regulates commercial electronic messages (CEMs) such as emails, SMS, and instant messages. Marketers must obtain express consent before sending marketing messages, include clear sender identification, provide an unsubscribe mechanism, and avoid misleading content.

• Provincial Consumer Protection Laws: Provinces have additional consumer protection statutes that may impose further requirements on digital marketing practices, necessitating marketers to be aware of local regulations.

• Advertising Standards and Influencer Disclosure: The Canadian Code of Advertising Standards mandates that advertising be truthful, clear, and not misleading. Influencers must disclose material connections visibly in every post related to the promoted product or service.

• Platform-Specific Rules: Platforms like Google Ads, Meta, and TikTok have their own advertising policies that must be followed, especially for sensitive sectors such as legal services, where exaggerated claims or targeting vulnerable populations are prohibited.

Additional considerations include:

• Privacy and Data Governance: With increasing data privacy regulations and consumer expectations, marketers must develop data governance policies that comply with evolving laws such as Quebec’s Law 25, ensuring consent management, anonymization, and responsible tracking.

• Avoiding Misleading Practices: This includes avoiding false guarantees, exaggerated claims, and fear-based messaging, which are prohibited under Canadian advertising laws and platform policies.

• Compliance Audits and Ongoing Monitoring: Regular audits of marketing practices help identify compliance gaps and adapt to regulatory changes, ensuring campaigns remain lawful and effective.

In summary, Canadian digital marketing campaigns must carefully navigate a complex legal landscape focused on truthful advertising, consumer privacy protection, consent for electronic communications, and transparency in influencer marketing, while also respecting platform-specific rules and provincial variations. Failure to comply can result in civil or criminal penalties, corrective advertising orders, and reputational damage.