Adam Kardash of Osler, Hoskin & Harcourt LLP spoke about emerging privacy themes that companies should be paying attention to at our MIXX conference held on March 20, 2014.
Online Behavioral Advertising (OBA) Legal & Regulatory ComplianceAdler Law Group
Behavioral or targeted marketing and advertising is one of the fastest growing areas for advertising and marketing professionals. New technologies driving behavioral and contextual advertising are challenging the established methods. Many realize that limiting targeted marketing may lead to undesired and potentially disruptive consequences, including undermining the implicit bargain that drives the Internet: the exchange of value between consumers and content providers. However, legislators, regulators, and industry trade groups have expressed concerns over perceived abuses of the collection and use of personal data of online users that involve privacy issues that “go well beyond behavioral advertising.” With every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities. Attendees will learn 1) the current state of behavioral and contextual advertising, 2) risks and pitfalls with targeted advertising, and 3) trends in legislation and regulatory compliance.
Aaron Swartz Can’t Fight the New Cybersecurity Bill, So We Must Do It
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Online Behavioral Advertising (OBA) Legal & Regulatory ComplianceAdler Law Group
Behavioral or targeted marketing and advertising is one of the fastest growing areas for advertising and marketing professionals. New technologies driving behavioral and contextual advertising are challenging the established methods. Many realize that limiting targeted marketing may lead to undesired and potentially disruptive consequences, including undermining the implicit bargain that drives the Internet: the exchange of value between consumers and content providers. However, legislators, regulators, and industry trade groups have expressed concerns over perceived abuses of the collection and use of personal data of online users that involve privacy issues that “go well beyond behavioral advertising.” With every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities. Attendees will learn 1) the current state of behavioral and contextual advertising, 2) risks and pitfalls with targeted advertising, and 3) trends in legislation and regulatory compliance.
Aaron Swartz Can’t Fight the New Cybersecurity Bill, So We Must Do It
In late 2011 and early 2012, activists, progressive politicians and Internet companies led in part by Internet freedom advocate Aaron Swartz came together to defeat the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). Advertised as measures against copyright infringement, the bills would have opened any website that contained copyrighted material it was not authorized to publish on any of its pages to a forced shutdown. A site that unknowingly held a copyrighted image in a comment section, for instance, would have been eligible as a violator. Virtually everyone was susceptible to closure.
Telcos and ISPs Prepare For New Data Breach Disclosure RulesJohn Davis
Telecoms operators and internet service providers (ISPs) will no doubt be busy getting their houses in order this week as they prepare for the introduction of new regulations requiring mandatory disclosure of personal data breaches. - See more at: http://www.storetec.net/news-blog/telcos-and-isps-prepare-for-new-data-breach-disclosure-rules
The EU’s General Data Protection Regulation (GDPR) is the most significant change to consumer privacy laws in decades and the enforcement date is approximately 1 month away. The standards for data collection and use in the EU will significantly differ from those in the United States. This session will breakdown the differences and discuss methods for compliance going forward.
PRESENTER
Gary Kibel, Partner, Davis & Gilbert LLP @GaryKibel
Managing Privacy Maximizing Data In Affiliate Marketing Gary KibelAffiliate Summit
Affiliate marketing thrives on valuable data, such as lead gen, email marketing and campaign results/statistics. Privacy, data and security issues are critical today, especially in an industry where valuable data is a competitive advantage.
Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law)
Solving the Encryption Conundrum in Financial ServicesEchoworx
Encryption has gone mainstream!
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This white paper sets out some of the key rules, guidelines, best practices and associated risks for FINRA member firms and suggests ways that organizations can use encryption to protect themselves, their customers and representatives. In addition, it looks at some of the issues enterprises encounter when enabling email encryption technologies and ways to avoid them.
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Telcos and ISPs Prepare For New Data Breach Disclosure RulesJohn Davis
Telecoms operators and internet service providers (ISPs) will no doubt be busy getting their houses in order this week as they prepare for the introduction of new regulations requiring mandatory disclosure of personal data breaches. - See more at: http://www.storetec.net/news-blog/telcos-and-isps-prepare-for-new-data-breach-disclosure-rules
The EU’s General Data Protection Regulation (GDPR) is the most significant change to consumer privacy laws in decades and the enforcement date is approximately 1 month away. The standards for data collection and use in the EU will significantly differ from those in the United States. This session will breakdown the differences and discuss methods for compliance going forward.
PRESENTER
Gary Kibel, Partner, Davis & Gilbert LLP @GaryKibel
Managing Privacy Maximizing Data In Affiliate Marketing Gary KibelAffiliate Summit
Affiliate marketing thrives on valuable data, such as lead gen, email marketing and campaign results/statistics. Privacy, data and security issues are critical today, especially in an industry where valuable data is a competitive advantage.
Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law)
Solving the Encryption Conundrum in Financial ServicesEchoworx
Encryption has gone mainstream!
The encryption debate has captured the world’s attention. And coupled with the inevitability of another notable data breach, awareness of encryption as a tool to mitigate threat is at an all-time high. Still confidential financial statements, mortgage documents, and investment information are regularly sent unencrypted.
This white paper sets out some of the key rules, guidelines, best practices and associated risks for FINRA member firms and suggests ways that organizations can use encryption to protect themselves, their customers and representatives. In addition, it looks at some of the issues enterprises encounter when enabling email encryption technologies and ways to avoid them.
The Most Wonderful Time of the Year for Health-IT...NOTCompliancy Group
The Compliancy Group offers FREE HIPAA education with industry experts from across the industry. This months webinar with Axis Technology focuses on Health IT and the challenges that come with it. Register for our upcoming webinars at www.compliancy-group.com/webinar
This presentation focuses to the rising prominence of insurance considerations—and more particularly—to legal aspects of insurance as it relates to cybersecurity and privacy.
The presentation defines "Cyber and Privacy Insurance” and organizes such insurance into four main types of cyber insurance coverage: data breach and privacy management coverage, multimedia liability coverage, extortion liability coverage, and network security liability coverage. With these definitions, the presentation then gives snapshot of how the Cyber Insurance Market Is Maturing, its participants, costs, and related attributes.
Consideration is given to the importance of defined terms, before launching into difficulties that providers and users have relative to measuring, modeling, and pricing cyber insurance risk. Particular attention is given to the language of “claims” and how to navigate through associated risk/cost analyses and cost structures.
Additionally, general considerations, pre-conditions, cost of compliance, business interruption, governing board oversight and related issues are brought together is a cohesive manner.
The Unseen Enemy - Protecting the Brand, the Assets and the Customers BDO_Consulting
Michael Barba and Jeff Hall discuss the most pressing cyber-threats facing retailers and what companies can do in the event of a cyber breach, data loss or claim. Mr. Barba is a managing director and Mr. Hall is a senior manager with BDO Consulting.
Joint ad trade letter to ag becerra re ccpa 1.31.2019Greg Sterling
We strongly support the objectives of the California Consumer Privacy Act (CCPA), but we have notable concerns around the likely negative impact on California consumers and businesses from some of the specific language in the law. We provide this initial comment to provide you with information about the significant importance of a data-driven and ad-supported online ecosystem, industry efforts to protect privacy, and in section III of the letter draw your attention to several areas that can be addressed and improved through the rulemaking process. We will provide more detailed comments over the coming weeks.
Growing trend of finding2013-11 Growing Trend of Finding Regulatory and Tort ...Raleigh ISSA
Invited speaker: "Growing Trend of Finding Regulatory and Tort Liability for Cyber Security Breaches ”
with Mark W. Ishman, J.D., Masters in Law in Information Technology and Privacy Law
All levels of society rely upon information technology systems. Network operations are pervasive and impact nearly every aspect of our society. The desire of companies to collect, use, store, and secure information about customers, employees, and other individuals is a requirement of the new economy. It is no wonder that the prevalence of electronic communications and a growing dependency on cyber structures and operations also create potential vulnerabilities to cyberattacks. It is critical to preserve information systems and address and prevent weaknesses in cyber protection efforts. This webinar examines the means for companies to reach data goals ethically, efficiently and legally. The panel will also discuss the evolving regulatory approaches of the European Union, United States Federal government and significant developments in U.S. state regimes, including California. Best practices and model comprehensive privacy and cybersecurity policies are discussed. And, data breach response and related litigation, including class action litigation issues and fiduciary duty violations under corporate law, are discussed.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/data-privacy-compliance-2021/
Consumers rely on businesses to keep their personal information safe. Too few of those businesses are actively protecting that data. Here’s what’s gone wrong, and how businesses should be responding. Full blog here: http://bit.ly/1Jtzym5
Data breach events result in significant losses each year. Our partners at Bonahoom & Bobilya, LLC, created a presentation about understanding the hidden regulatory risks of a data breach so you can keep your company from going out of business.
This presentation has been shared with permission.
For digital media companies, effective cybersecurity programs a mustGrant Thornton LLP
In digital media trust is everything, without it your business model doesn’t work. Cybersecurity can be a key component, ensuring the integrity of your services. Check out this brief guide to securing your data.
Similar to Emerging Privacy Themes That Will Impact Your Company (20)
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10 Video Ideas Any Business Can Make RIGHT NOW!
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Over 2 Trillion searches are made per day in Google search, which means there are more than 2 Trillion visits happening across the websites of the world wide web.
People search various questions, phrases or words. But some words and phrases are searched
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For example, the words, ‘running shoes’ are searched more often than ‘best road running
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These words or phrases which people use to search on Google are called Keywords.
Some keywords are searched more often than others. Number of times a keyword is searched
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Some keywords have more relevant results than others. For the phrase “running shoes” we
get more than 80M relevant results, whereas for “best road running shoes for men” we get
only 8.
The former keyword ‘running shoes’ has way more competition from popular websites to
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Some keywords are searched for, just to know or to learn some information about something,
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These keywords which are searched just to know about stuff are called informational
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funnel.
Conversion funnel is the journey that search visitors go through on their way to an email
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you sell or recommend using your referral link.
For some buyers, research is the most important part when they have to buy a product.
Depending on that, their journey either widens or narrows down. These types of buyers are
Researchers and they spend more time with informational keywords.
Conversion is the action you want from your search visitors. Number of conversions that you
get for every 100 search visitors is called Conversion rate.
People who are at different stages of a conversion funnel use different types of keywords.
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Innovative formats such as social commerce and live shopping are beginning to impact the digital commerce landscape, offering new ways to engage with customers and drive sales, and may provide opportunity for brands that have been priced out or seen a downturn with post-pandemic shopping behavior. Social commerce integrates shopping experiences directly into social media platforms, tapping into the massive user bases of these networks to increase reach and engagement. Live shopping, on the other hand, combines entertainment and real-time interaction, providing a dynamic platform for showcasing products and encouraging immediate purchases. These innovations not only enhance customer engagement but also provide valuable data for businesses to refine their strategies and deliver superior shopping experiences.
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Emerging Privacy Themes That Will Impact Your Company
1. Emerging Privacy
Themes That Will Impact
Your Company
IAB Canada Spring MIXX Conference
Thursday, March 20, 2014
Adam Kardash
Partner, Privacy & Information Management
2. Three Key Privacy Challenges Impacting
Companies in the “Digital” Sector
2
Canada’s Anti-Spam Legislation
Online Behavioural Advertising
Security Incidents
3. Canada’s Anti-Spam Legislation
3
Federal legislation imposing strict consent, notice
and content requirements for “commercial
electronic messages”.
Will impact organizations in all sectors, particularly
digital marketing practices.
Potentially severe penalties for contravention of
the statute.
4. Canada’s Anti-Spam Legislation
4
Enacted in December 2010 but not yet in force.
Commercial Electronic Message provisions in force July 1, 2014
Computer programming provisions in force January 15, 2015
Private right of action in force July 1, 2017
Details of CASL set out in 2 regulations:
CRTC Regulations finalized in March 2012.
Industry Canada Regulations finalized in December 2013.
CRTC Guidelines released in October 2012
Guidelines on the Interpretation of the Electronic Commerce
Protection Regulations (CRTC)
Guidelines on the use of Toggling as a means of Obtaining
Express Consent under CASL
CRTC FAQs released in December 2013
More FAQs, compliance guidelines expected
5. Canada’s Anti-Spam Legislation
5
Administrative Monetary Penalties
Up to $1 million per violation for individuals and $10
million for businesses.
Private Right of Action
Statutory damages up to $200 for each violation of the
prohibition against unsolicited commercial electronic
messages up to $1 million for each day on which the
violation occurred.
A single email or text message is contravention of CASL =
violation.
6. Canada’s Anti-Spam Legislation
6
Applies to any “Commercial Electronic Message”
Any means of telecommunication, including text, sound,
voice or image messages.
Reasonable to conclude that, among its purposes, the
message is aimed at encouraging participation in a
commercial activity.
Examples of commercial electronic messages:
emails
text messages
refer-a-friend
emerging forms of messaging
an email or text message that hyperlinks to content
“aimed at encouraging participation in a commercial
activity”
7. Canada’s Anti-spam Legislation
7
Prohibited to send, or cause or permit to be sent, a
commercial electronic message (CEM) to an
electronic address unless the recipient has
provided express or implied consent.
Most CEMs must also meet certain specified
content requirements, including an unsubscribe
mechanism.
8. Canada’s Anti-Spam Legislation
8
Compliance Requirements - Tackling the CASL Hassle
Engaged multi-stakeholder teams required
Inventory critical
Complicated, technical exceptions and requirements
Operational impact potentially severe
Due diligence requirement to mitigate enforcement and
class action risk
Policies, practices, protocols
Training
Contractual requirements
9. Online Behavioural Advertising
9
Office of the Privacy Commissioner of Canada is
focused on the potential privacy issues associated
with OBA.
Privacy and Online Behavioural Advertising Guidelines
Policy Position on Online Behavioural Advertising
Multiple Investigations
Report of Findings #2012-001: Social networking site for youth,
Nexopia, breached Canadian privacy law
Report of Findings #2013:003: Profiles on PositiveSingles.com
dating website turn up on other affiliated dating websites
Report of Findings #2014-001: Use of sensitive health information
for targeting of Google ads raises privacy concerns
Ongoing Bell Canada Investigation
10. Online Behavioural Advertising
10
Digital Advertising Alliance of Canada’s “Ad
Choices” Self-Regulatory Program for Online
Behavioural Advertising
Program framework based
on six key principles:
1. Education
2. Transparency
3. Consumer Control
4. Data Security
5. Sensitive Personal
Information
6. Accountability
11. Online Behavioural Advertising
11
Principles set out obligations for three different
parties involved in OBA:
First Parties
Web site Publishers or Operators
Third Parties
Ad Networks, Data Companies
Service Providers
Internet Service Providers, Browser Operators, Web
Toolbars
12. Online Behavioural Advertising
12
The DAAC has created a
website (available at
YourAdChoices.ca) that is
the hub of the Program.
Participating companies
listed on the website.
To date, over 40
companies
registered/registering.
13. Security Incidents
13
Security incident matters have now become a
business critical issue for companies across all
sectors
Key Drivers
Data explosion
Technological developments
Cybersecurity threats
Government/law enforcement/national security
authority access to personal information via private
sector companies
14. Implied Breach Notification Requirement
14
Implied Breach Notification Obligation
While there are currently no express data breach
notification requirements under PIPEDA, OPC Letters of
Finding and guidance documents suggests that a duty to
notify affected individuals is implicit within the general
safeguarding requirements under the Act:
In circumstances where material harm is reasonably
foreseeable; and
Where such notification would serve to protect
personal information from further unauthorized
access, use or disclosure
15. Express Breach Notification Requirement
15
PIPA Alberta
Organizations must report to the Commissioner any
incident involving the loss of or unauthorized access to
or disclosure of personal information where a
reasonable person would consider that there exists a
real risk of significant harm to an individual.
PIPITPA Manitoba [Not yet in force]
An organization must, as soon as reasonably practicable
and in the prescribed manner, notify an individual if
personal information about the individual that is in its
custody or under its control is stolen, lost or accessed in
an unauthorized manner.
Exceptions:
Instructions from law enforcement that is
investigating the theft, loss or unauthorized accessing
of the personal information; or
Organization satisfied that it is not reasonably
possible for the personal information to be used
unlawfully
16. Impact of Breach Notification Requirements
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Enhanced transparency/reporting about security
incidents within organizations.
More notifications to affected individuals about
security incidents.
More media reports and general awareness about
information security (or lack thereof).
More investigations by privacy regulatory
authorities.
Increased litigation risk.
More proactive efforts by organizations to address
personal information security concerns.
Increased out-of-pocket, reputation and other
costs to organizations due to all of the above.