Podcast
Questions and Answers
What is the primary aspect of digitalization in business?
What is the primary aspect of digitalization in business?
- Reducing operational costs
- Expansion of the physical store network
- Integration of technology into all aspects of a business (correct)
- Transaction processing efficiency
Which of the following was accelerated by the COVID-19 pandemic?
Which of the following was accelerated by the COVID-19 pandemic?
- Increased reliance on brick-and-mortar stores
- Growth of face-to-face customer interactions
- Shifting to traditional business models
- Transition to an e-commerce model (correct)
What is a significant benefit of an e-commerce platform?
What is a significant benefit of an e-commerce platform?
- Wider reach in accessing suppliers and customers (correct)
- Increased reliance on in-person marketing
- Mandatory physical stores for all transactions
- Higher complexity in transaction processes
What is one of the legal risks associated with digitalized businesses?
What is one of the legal risks associated with digitalized businesses?
What percentage of the Canadian population was using e-commerce as of 2022?
What percentage of the Canadian population was using e-commerce as of 2022?
Which of the following is NOT considered a benefit of e-commerce?
Which of the following is NOT considered a benefit of e-commerce?
What impact has digitalization had on customer-business relationships?
What impact has digitalization had on customer-business relationships?
What is one of the challenges faced by businesses as they transition to digitalization?
What is one of the challenges faced by businesses as they transition to digitalization?
What is the main responsibility of an organization regarding personal information under its control?
What is the main responsibility of an organization regarding personal information under its control?
Which principle emphasizes the necessity of identifying purposes for collecting personal information?
Which principle emphasizes the necessity of identifying purposes for collecting personal information?
Consent for the collection of personal information must primarily be:
Consent for the collection of personal information must primarily be:
What does the principle of Limiting Collection dictate regarding the collection of personal information?
What does the principle of Limiting Collection dictate regarding the collection of personal information?
Which principle requires that personal information be kept only as long as needed?
Which principle requires that personal information be kept only as long as needed?
Under which principle must organizations provide individuals with access to their personal information upon request?
Under which principle must organizations provide individuals with access to their personal information upon request?
What does the Accuracy principle require organizations to do with personal information?
What does the Accuracy principle require organizations to do with personal information?
Which principle mandates that organizations must communicate their personal information management practices openly?
Which principle mandates that organizations must communicate their personal information management practices openly?
In the case of Tim Hortons, what was determined about the collection of granular location data?
In the case of Tim Hortons, what was determined about the collection of granular location data?
What is a key implication for businesses regarding the purpose of information collection?
What is a key implication for businesses regarding the purpose of information collection?
Which principle allows individuals to challenge an organization’s adherence to the fair information principles?
Which principle allows individuals to challenge an organization’s adherence to the fair information principles?
What is an essential action businesses must take regarding personal information management?
What is an essential action businesses must take regarding personal information management?
Which principle stresses the importance of protecting personal information with security measures?
Which principle stresses the importance of protecting personal information with security measures?
What must organizations do to ensure the collected personal information aligns with established purposes?
What must organizations do to ensure the collected personal information aligns with established purposes?
What must be clearly identified for consent to be considered meaningful?
What must be clearly identified for consent to be considered meaningful?
Which of the following is NOT one of the four key elements required for meaningful consent?
Which of the following is NOT one of the four key elements required for meaningful consent?
What did the Privacy Commissioner find regarding Equifax Canada's consent practices?
What did the Privacy Commissioner find regarding Equifax Canada's consent practices?
Which aspect is crucial when transferring personal information to a third party?
Which aspect is crucial when transferring personal information to a third party?
What must businesses do before transferring personal information to third parties?
What must businesses do before transferring personal information to third parties?
What can individuals do according to PIPEDA regarding their personal information?
What can individuals do according to PIPEDA regarding their personal information?
Which liability does a company have after transferring data to a third party?
Which liability does a company have after transferring data to a third party?
What should agreements with service providers specify regarding personal information?
What should agreements with service providers specify regarding personal information?
Which is a consequence of transferring personal information across borders?
Which is a consequence of transferring personal information across borders?
What must organizations in Canada include in their privacy policies when processing international data?
What must organizations in Canada include in their privacy policies when processing international data?
Which of the following is NOT a purpose for which personal information can be collected?
Which of the following is NOT a purpose for which personal information can be collected?
What aspect requires clarity when obtaining consent from individuals?
What aspect requires clarity when obtaining consent from individuals?
What does PIPEDA require organizations to designate concerning personal information protection?
What does PIPEDA require organizations to designate concerning personal information protection?
What is one of the best ways for a business to reduce risk related to personal information protection?
What is one of the best ways for a business to reduce risk related to personal information protection?
How can businesses ensure that their data processing agreements are robust?
How can businesses ensure that their data processing agreements are robust?
Which legislation regulates the collection, use, and disclosure of personal information by federally regulated businesses in Canada?
Which legislation regulates the collection, use, and disclosure of personal information by federally regulated businesses in Canada?
What aspect of privacy law is emphasized as having 'quasi-constitutional status'?
What aspect of privacy law is emphasized as having 'quasi-constitutional status'?
Which provinces in Canada have legislation deemed substantially similar to PIPEDA?
Which provinces in Canada have legislation deemed substantially similar to PIPEDA?
What is the main purpose of privacy legislation concerning personal information collected by businesses?
What is the main purpose of privacy legislation concerning personal information collected by businesses?
What principle underlies the protection of privacy as discussed in the context?
What principle underlies the protection of privacy as discussed in the context?
The General Data Protection Regulation (GDPR) applies to which type of organizations?
The General Data Protection Regulation (GDPR) applies to which type of organizations?
What is a significant legal risk that businesses face in e-commerce transactions?
What is a significant legal risk that businesses face in e-commerce transactions?
Which of the following is NOT a part of the obligations imposed on businesses regarding personal information?
Which of the following is NOT a part of the obligations imposed on businesses regarding personal information?
Why is minimizing the collection of personal information recommended for businesses?
Why is minimizing the collection of personal information recommended for businesses?
Which type of information does PIPEDA specifically protect?
Which type of information does PIPEDA specifically protect?
What must businesses consider when transacting with consumers in other jurisdictions?
What must businesses consider when transacting with consumers in other jurisdictions?
Which statement is true regarding privacy protection in the workplace?
Which statement is true regarding privacy protection in the workplace?
What is a core value recognized in the Supreme Court of Canada's discussions on privacy?
What is a core value recognized in the Supreme Court of Canada's discussions on privacy?
What was the basis of Jones's initial legal failure in her case against Tsige?
What was the basis of Jones's initial legal failure in her case against Tsige?
What are the three elements a plaintiff must prove for a claim of 'intrusion upon seclusion'?
What are the three elements a plaintiff must prove for a claim of 'intrusion upon seclusion'?
Which of the following best defines a Commercial Electronic Message (CEM)?
Which of the following best defines a Commercial Electronic Message (CEM)?
What is the maximum monetary penalty an organization can face for not complying with Canada's Anti-Spam Legislation (CASL)?
What is the maximum monetary penalty an organization can face for not complying with Canada's Anti-Spam Legislation (CASL)?
What should businesses do to comply with CASL regarding consent?
What should businesses do to comply with CASL regarding consent?
Which factors are relevant when assessing damages for 'intrusion upon seclusion'?
Which factors are relevant when assessing damages for 'intrusion upon seclusion'?
Who is primarily liable for defamatory or offensive content?
Who is primarily liable for defamatory or offensive content?
Which of the following constitutes a breach of CASL?
Which of the following constitutes a breach of CASL?
What is one effective way to protect a business from UGC (User-Generated Content) risk?
What is one effective way to protect a business from UGC (User-Generated Content) risk?
In the case against Gap Inc, what led to a resolution of the investigation?
In the case against Gap Inc, what led to a resolution of the investigation?
What must be included in the terms of use regarding third-party content contributions?
What must be included in the terms of use regarding third-party content contributions?
What is the purpose of having an unsubscribe link in CEMs according to CASL?
What is the purpose of having an unsubscribe link in CEMs according to CASL?
What is a risk associated with e-commerce transactions regarding legal jurisdiction?
What is a risk associated with e-commerce transactions regarding legal jurisdiction?
What should contracts in e-commerce include to manage jurisdictional risks?
What should contracts in e-commerce include to manage jurisdictional risks?
What was the Ontario Court of Appeal's position on the relationship between common law and technological developments?
What was the Ontario Court of Appeal's position on the relationship between common law and technological developments?
What is necessary for a governing law clause to be enforceable in court?
What is necessary for a governing law clause to be enforceable in court?
Which of the following is NOT an exception to the consent requirements under CASL?
Which of the following is NOT an exception to the consent requirements under CASL?
Under what circumstance might a court be reluctant to enforce a choice of forum clause?
Under what circumstance might a court be reluctant to enforce a choice of forum clause?
What does the term 'intrusion upon seclusion' specifically refer to?
What does the term 'intrusion upon seclusion' specifically refer to?
What is the primary responsibility for enforcing CASL?
What is the primary responsibility for enforcing CASL?
What can significantly increase jurisdictional risks for e-commerce businesses?
What can significantly increase jurisdictional risks for e-commerce businesses?
What is a key consideration for enforcing a governing law clause in a contract?
What is a key consideration for enforcing a governing law clause in a contract?
What risk is NOT generally associated with e-commerce transactions?
What risk is NOT generally associated with e-commerce transactions?
What is the primary role of the Office of the Privacy Commissioner of Canada?
What is the primary role of the Office of the Privacy Commissioner of Canada?
Which of the following best describes personal information according to PIPEDA?
Which of the following best describes personal information according to PIPEDA?
What happens if a business fails to comply with PIPEDA?
What happens if a business fails to comply with PIPEDA?
In the case involving Google, what was the primary argument from the complainant?
In the case involving Google, what was the primary argument from the complainant?
What was the Federal Court's ruling regarding Google's collection and use of personal information?
What was the Federal Court's ruling regarding Google's collection and use of personal information?
What is a significant component of a business’s compliance with PIPEDA?
What is a significant component of a business’s compliance with PIPEDA?
How does PIPEDA define 'commercial activities'?
How does PIPEDA define 'commercial activities'?
Which statement is true regarding personal information under PIPEDA?
Which statement is true regarding personal information under PIPEDA?
What was one of the main findings about Google's business model?
What was one of the main findings about Google's business model?
What does PIPEDA aim to achieve concerning personal information?
What does PIPEDA aim to achieve concerning personal information?
What kind of recommendations can the Privacy Commissioner issue?
What kind of recommendations can the Privacy Commissioner issue?
How does PIPEDA relate to provincial privacy legislation?
How does PIPEDA relate to provincial privacy legislation?
Which of the following is NOT considered personal information under PIPEDA?
Which of the following is NOT considered personal information under PIPEDA?
What is one major implication of the ruling on Google's services?
What is one major implication of the ruling on Google's services?
What aspect of personal information is crucial for compliance with PIPEDA?
What aspect of personal information is crucial for compliance with PIPEDA?
Why is compliance with PIPEDA considered a proactive measure for businesses?
Why is compliance with PIPEDA considered a proactive measure for businesses?
What is the primary responsibility of an organization regarding personal information collection?
What is the primary responsibility of an organization regarding personal information collection?
Which of the following is NOT a required action when safeguarding personal information?
Which of the following is NOT a required action when safeguarding personal information?
What constitutes a privacy breach?
What constitutes a privacy breach?
What should organizations do if a privacy breach occurs?
What should organizations do if a privacy breach occurs?
When should enhanced protection measures for sensitive information be implemented?
When should enhanced protection measures for sensitive information be implemented?
Which type of consent is generally expected to be obtained for sensitive personal information?
Which type of consent is generally expected to be obtained for sensitive personal information?
What must be considered and documented when assessing a privacy breach?
What must be considered and documented when assessing a privacy breach?
Which of the following is a potential consequence of a privacy breach?
Which of the following is a potential consequence of a privacy breach?
What role does the Privacy Commissioner play in handling privacy complaints?
What role does the Privacy Commissioner play in handling privacy complaints?
What is a recommended safeguard to protect sensitive personal information?
What is a recommended safeguard to protect sensitive personal information?
What does PIPEDA require businesses to do after a privacy breach occurs?
What does PIPEDA require businesses to do after a privacy breach occurs?
What is an example of minimizing risk after a privacy breach?
What is an example of minimizing risk after a privacy breach?
In what situation may individuals imply their consent for the collection of personal information?
In what situation may individuals imply their consent for the collection of personal information?
What must be considered to determine whether an employee has a reasonable expectation of privacy in the workplace?
What must be considered to determine whether an employee has a reasonable expectation of privacy in the workplace?
What does the Supreme Court state about workplace policies and an employee's expectation of privacy?
What does the Supreme Court state about workplace policies and an employee's expectation of privacy?
What is one of the first steps in managing data security for organizations without IT specialists?
What is one of the first steps in managing data security for organizations without IT specialists?
What legal authority did the principal have in the case involving the high school teacher's laptop?
What legal authority did the principal have in the case involving the high school teacher's laptop?
What must Ontario employers with 25 or more employees have regarding electronic monitoring?
What must Ontario employers with 25 or more employees have regarding electronic monitoring?
What must employees be informed about under the Personal Information Protection and Electronic Documents Act (PIPEDA)?
What must employees be informed about under the Personal Information Protection and Electronic Documents Act (PIPEDA)?
What is a primary recommendation for minimizing risks regarding employee surveillance?
What is a primary recommendation for minimizing risks regarding employee surveillance?
Which of the following was NOT mentioned as a common law cause of action protecting privacy interests?
Which of the following was NOT mentioned as a common law cause of action protecting privacy interests?
What element was recognized by Ontario’s Appellate Court regarding privacy violation?
What element was recognized by Ontario’s Appellate Court regarding privacy violation?
In the case of R v Cole, what was the main reason for the Supreme Court suggesting that the evidence should not be excluded?
In the case of R v Cole, what was the main reason for the Supreme Court suggesting that the evidence should not be excluded?
What should employers communicate to employees regarding the use of workplace devices?
What should employers communicate to employees regarding the use of workplace devices?
Which of the following is true regarding the ownership of equipment and privacy expectations?
Which of the following is true regarding the ownership of equipment and privacy expectations?
Which of the following actions can be taken against employers who fail to provide an electronic monitoring policy?
Which of the following actions can be taken against employers who fail to provide an electronic monitoring policy?
What is one of the stated purposes of video surveillance in the workplace according to best practices?
What is one of the stated purposes of video surveillance in the workplace according to best practices?
Which case demonstrated the challenges of balancing employee privacy interests with employer oversight?
Which case demonstrated the challenges of balancing employee privacy interests with employer oversight?
Which of the following is NOT a result of Bill C-27 if it is passed?
Which of the following is NOT a result of Bill C-27 if it is passed?
What is the maximum potential penalty under the proposed Bill C-27?
What is the maximum potential penalty under the proposed Bill C-27?
Which organization recently initiated an investigation against Facebook regarding its use of personal information?
Which organization recently initiated an investigation against Facebook regarding its use of personal information?
What responsibility does a business have concerning user-generated content (UGC) shared on its website?
What responsibility does a business have concerning user-generated content (UGC) shared on its website?
What is a potential legal risk associated with website content management?
What is a potential legal risk associated with website content management?
What should a business ensure regarding its agreement with website developers?
What should a business ensure regarding its agreement with website developers?
What action is required if a business wants to repost user-generated content?
What action is required if a business wants to repost user-generated content?
Which aspect of privacy does Bill C-27 seek to address?
Which aspect of privacy does Bill C-27 seek to address?
Why is it important for businesses to monitor the progress of Bill C-27?
Why is it important for businesses to monitor the progress of Bill C-27?
What must businesses ensure about consents/licenses obtained for website content?
What must businesses ensure about consents/licenses obtained for website content?
How might third-party intellectual property rights affect user-generated content?
How might third-party intellectual property rights affect user-generated content?
What risk does a business face when using user-generated content with third-party rights embedded?
What risk does a business face when using user-generated content with third-party rights embedded?
In the scenario of a business website, what is a fundamental consideration regarding user data?
In the scenario of a business website, what is a fundamental consideration regarding user data?
What should happen to any information obtained by the website developer during the website’s creation?
What should happen to any information obtained by the website developer during the website’s creation?
Flashcards
Digitalization of business
Digitalization of business
Integrating technology (digital processes) into all aspects of a business, including operations, customer relationships, and culture.
E-commerce
E-commerce
Completing commercial transactions electronically over the internet.
Benefits of e-commerce
Benefits of e-commerce
Increased reach, lower costs, wider talent pool, easier platform development and faster transactions, along with diverse product/service delivery options (e.g., digital downloads).
E-commerce risks
E-commerce risks
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Digitalization challenges
Digitalization challenges
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COVID-19 impact on e-commerce
COVID-19 impact on e-commerce
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E-commerce sales growth
E-commerce sales growth
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Canadian E-commerce Adoption
Canadian E-commerce Adoption
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Privacy Law Obligations (Businesses)
Privacy Law Obligations (Businesses)
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Minimizing Privacy Risk
Minimizing Privacy Risk
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Public Interest in Privacy
Public Interest in Privacy
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PIPEDA Application
PIPEDA Application
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Privacy Act (Federal)
Privacy Act (Federal)
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Provincial Privacy Laws
Provincial Privacy Laws
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E-commerce Transactions
E-commerce Transactions
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Data Breaches
Data Breaches
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Digitalization
Digitalization
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Personal Information
Personal Information
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Collection, Use, Disclosure (Personal Data)
Collection, Use, Disclosure (Personal Data)
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EU General Data Protection Regulation
EU General Data Protection Regulation
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Quasi-Constitutional Status (Privacy)
Quasi-Constitutional Status (Privacy)
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Business Obligations (Canada)
Business Obligations (Canada)
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PIPEDA's Purpose
PIPEDA's Purpose
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Accountability Principle
Accountability Principle
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Identifying Purposes
Identifying Purposes
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Consent Principle
Consent Principle
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Limiting Collection
Limiting Collection
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Limiting Use & Disclosure
Limiting Use & Disclosure
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Accuracy Principle
Accuracy Principle
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Safeguards Principle
Safeguards Principle
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Openness Principle
Openness Principle
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Individual Access
Individual Access
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Challenging Compliance
Challenging Compliance
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Privacy Policy
Privacy Policy
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Tim Hortons App Case
Tim Hortons App Case
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Appropriate Use
Appropriate Use
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Minimizing Information
Minimizing Information
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PIPEDA
PIPEDA
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Privacy Commissioner
Privacy Commissioner
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Commercial Activities
Commercial Activities
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Non-profit Organizations
Non-profit Organizations
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Google's Case
Google's Case
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Google's Revenue Model
Google's Revenue Model
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Personal Information as a Commodity
Personal Information as a Commodity
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PIPEDA Compliance
PIPEDA Compliance
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Legal Risk
Legal Risk
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Privacy Breach
Privacy Breach
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Application of PIPEDA
Application of PIPEDA
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Federal Court Jurisdiction
Federal Court Jurisdiction
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Proactive Compliance
Proactive Compliance
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Business Model Impact
Business Model Impact
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Sensitive Information
Sensitive Information
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Consent for Sensitive Info
Consent for Sensitive Info
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Security Safeguards
Security Safeguards
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Real Risk of Significant Harm
Real Risk of Significant Harm
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Notification of Breach
Notification of Breach
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Employee Monitoring
Employee Monitoring
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Encryption
Encryption
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Unauthorized Access
Unauthorized Access
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Data Disposal
Data Disposal
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Context of Sensitive Information
Context of Sensitive Information
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Implied Consent
Implied Consent
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Enhanced Security
Enhanced Security
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Meaningful Consent
Meaningful Consent
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Elements of Meaningful Consent
Elements of Meaningful Consent
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Cross-Border Data Transfer
Cross-Border Data Transfer
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Equifax Data Breach
Equifax Data Breach
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PIPEDA & Consent
PIPEDA & Consent
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Equifax Breach & Consent
Equifax Breach & Consent
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Third-Party Data Disclosure
Third-Party Data Disclosure
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Third Party Data Responsibilities
Third Party Data Responsibilities
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Data Processing Agreements
Data Processing Agreements
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Purpose Limitation
Purpose Limitation
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Cross-Border Transparency
Cross-Border Transparency
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International Privacy Notices
International Privacy Notices
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Data Access and Accuracy
Data Access and Accuracy
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Accountability for Compliance
Accountability for Compliance
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Employee Privacy in the Workplace
Employee Privacy in the Workplace
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Reasonable Expectation of Privacy
Reasonable Expectation of Privacy
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Workplace Surveillance
Workplace Surveillance
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Electronic Monitoring Policy
Electronic Monitoring Policy
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Intrusion upon Seclusion
Intrusion upon Seclusion
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Employee Consent
Employee Consent
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Common Law Privacy Protection
Common Law Privacy Protection
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Transparency in Surveillance
Transparency in Surveillance
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Balancing Business Needs and Privacy
Balancing Business Needs and Privacy
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Employer's Duty to Maintain a Safe Workplace
Employer's Duty to Maintain a Safe Workplace
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Legitimate Employer Interests
Legitimate Employer Interests
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Employee Policy Awareness
Employee Policy Awareness
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Consistent Policy Enforcement
Consistent Policy Enforcement
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Bill C-27
Bill C-27
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Right to Erasure
Right to Erasure
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Data Portability
Data Portability
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De-identification
De-identification
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Personal Information and Data Protection Tribunal
Personal Information and Data Protection Tribunal
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Website Content Liability
Website Content Liability
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Website Developer Agreement
Website Developer Agreement
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User-Generated Content (UGC)
User-Generated Content (UGC)
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Copyright for UGC
Copyright for UGC
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Third-Party Intellectual Property
Third-Party Intellectual Property
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Defamation and Offensive Content
Defamation and Offensive Content
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Competition Bureau
Competition Bureau
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Misleading Representation
Misleading Representation
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Facebook Privacy Case
Facebook Privacy Case
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UGC Risk
UGC Risk
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Indemnification
Indemnification
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Disclaimer
Disclaimer
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Jurisdictional Risk
Jurisdictional Risk
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Choice of Forum Clause
Choice of Forum Clause
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Governing Law Clause
Governing Law Clause
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Strong Cause
Strong Cause
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Business-to-Consumer Contracts
Business-to-Consumer Contracts
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Business-to-Business Contracts
Business-to-Business Contracts
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Unconscionability
Unconscionability
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Elements of Intrusion upon Seclusion
Elements of Intrusion upon Seclusion
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Damages for Intrusion upon Seclusion
Damages for Intrusion upon Seclusion
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Business Lesson: Privacy Policies
Business Lesson: Privacy Policies
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CASL: Canada's Anti-Spam Legislation
CASL: Canada's Anti-Spam Legislation
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CASL: What is a CEM?
CASL: What is a CEM?
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CASL: Consent Requirement
CASL: Consent Requirement
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CASL: Unsubscribe Link
CASL: Unsubscribe Link
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CASL: Consequences of Non-Compliance
CASL: Consequences of Non-Compliance
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CASL: Gap Inc. Case
CASL: Gap Inc. Case
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Business Lesson: CASL Compliance
Business Lesson: CASL Compliance
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Exceptions to CASL
Exceptions to CASL
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Minimizing CASL Risk: Key Steps
Minimizing CASL Risk: Key Steps
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Commercial Electronic Message (CEM)
Commercial Electronic Message (CEM)
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Study Notes
Digitalization of Business
- Digitalization integrates technology into all business aspects, changing operations, processes, customer relations, and culture.
- Protecting privacy and confidential information is crucial in a digital environment.
- The COVID-19 pandemic accelerated the shift towards e-commerce.
- E-commerce sales more than doubled between May 2019 and May 2020.
- Over 27 million Canadians used e-commerce in 2022 (approximately 75% of the population).
- E-commerce benefits include: ease of platform development, increased reach, wider employee pool (remote work), diverse marketing/business options, lower communication costs, faster transactions, and service transformations (e.g., digital music downloads).
- E-commerce also introduces legal risks related to personal information, online presence, and e-commerce transactions.
Privacy Law: Business Obligations
- Businesses are responsible for the personal information they collect (regardless of digitalization level).
- They have legal obligations regarding the collection, use, disclosure, and protection of personal information.
- Minimizing risk involves limiting the collection of personal information.
- Collect only necessary information.
- Protecting privacy is a fundamental value in modern democracies. Privacy is rooted in physical and moral autonomy (freedom of thought, action and decisions).
- Canadian law protects privacy rights through, legislation, regulations, common law, and anti-spam legislation.
- Provincial and federal legislation exists to protect employee/customer data.
- PIPEDA regulates federally regulated businesses (banks, airlines). It also partly covers provincial businesses depending on the province.
- The Office of the Privacy Commissioner of Canada provides advice and enforces privacy laws. Their rulings can lead to court actions and potential sanctions for non-compliance.
- "Personal information" includes any data about an identifiable individual (e.g., name, age, ID numbers, opinions, medical records). It does not include business contact information.
- Generally, PIPEDA does not apply to personal information collected by not-for-profit organizations.
- "Commercial activities" in the context of PIPEDA are broadly interpreted.
- In the case of Google, the courts found that their search service constituted "commercial activity" involving personal information.
- PIPEDA's Ten Fair Information Principles outline how personal information should be managed (accountability, identifying purposes, consent).
Appropriate Use of Personal Information
- Businesses must use personal information only for its pre-defined, appropriate purpose (according to a reasonable person).
- In the Tim Hortons case, the Privacy Commissioner ruled the use of location data was not appropriate.
- Meaningful consent requires clear, detailed information.
- Four key elements: specific personal information details, parties the data is shared with, purpose for collection, and risks.
- Failure to obtain meaningful consent can be a violation of PIPEDA.
- A data breach can lead to personal harm, financial losses, reputational damage, and identity theft.
- Businesses must notify individuals and the Privacy Commissioner of security breaches posing a "real risk of significant harm"
Electronic Monitoring
- Employee and employer interests often conflict when it comes to electronic monitoring.
- Employers have a right to supervise use of workplace technology, but this doesn't eliminate employee privacy expectations.
- Clear policies for personal electronic device use and supervision are essential. Policies should be communicated and consistently enforced.
- Ontario requires employers with >25 employees to have written electronic monitoring policies.
- Employers covered by PIPEDA have responsibilities.
Common Law Privacy Protection
- Common law protects individuals through actions like nuisance, defamation, and intrusion upon seclusion.
- The Jones v Tsige case established a new tort (intrusion upon seclusion) for deliberate and significant privacy invasions.
- Businesses must have policies preventing unauthorized access, collection, use, and sharing of employee information.
Canada’s Anti-Spam Legislation (CASL)
- CASL prohibits unwanted commercial electronic messages (CEMs) unless the sender has consent.
- CEM includes any electronic message promoting commercial activity (e.g., email promotions, social media posts).
- All communications must be permission-based, contain unsubscribe links, use accurate subject lines, and include sender's information/contact details.
- The sender bears the burden of proving consent in cases of complaint.
- Exceptions to CASL requirements exist for internal communications, responses to requests, and other types of messages.
Future Developments
- Federal and provincial privacy legislation is evolving frequently.
- New initiatives (like Bill C-27) aim to update and strengthen federal privacy laws.
- The Bill aims to align with the EU's GDPR and introduce new rights (right to erasure, data portability).
- The Competition Bureau enforces privacy rules, and can sanction businesses for misleading statements.
Protecting a Business's Online Presence
- Businesses need agreements with website developers outlining responsibilities, content ownership, confidentiality, and user data rights.
- User-generated content (UGC) can increase brand reach but presents copyright, intellectual property, and reputational risks.
- Risks include defamation, copyright issues, and third-party intellectual property issues.
- Clear terms of use and disclaimers are necessary to protect against these risks.
Heightened Legal Risks Related to E-commerce
- E-commerce introduces greater legal jurisdiction risk due to potential interactions with multiple jurisdictions.
- Courts' jurisdiction depends on connections to the specific transaction and/or parties involved.
- E-commerce contracts should include clear choice-of-forum and governing-law clauses.
- Valid and enforceable clauses, and absence of undue influence.
- Courts are less likely to enforce these clauses in consumer-facing contracts if it inhibits the customer's ability to access remedies.
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Description
Test your knowledge on the impact of digitalization in the business landscape. This quiz covers key benefits, challenges, and the accelerated shift towards e-commerce, especially due to the COVID-19 pandemic. Dive into the legal implications and customer relations in a digital age.
