Atlantic Online Digital Marketing Blog

"Somewhere, something incredible is waiting to be known." 

Shelley Bellefontaine • Apr 17, 2020

Important GDPR Requirements for Companies in Canada

Not a scary mystery, but businesses in Canada must now comply.


The GDPR, which is Europe’s most comprehensive data privacy law, was enacted in 2016 but was only enforced starting in May 2018. Because both regulators and businesses are still in the process of solidifying its enforcement, there may be a lot of concerns over the requirements, especially for non-European businesses.

GDPR has far-reaching consequences. As a law, its applicability is not limited by the physical boundaries of the European Union (EU) or the European Economic Area (EEA). It has the power to influence companies based in the USA, which is the biggest trading partner of the EU, as well as in Canada and other parts of the world.

WHO NEEDS TO COMPLY WITH THE GDPR?

Broadly speaking, the GDPR applies to Canadian and USA companies because it is extra-territorial in scope.

Specifically, article 3 of the GDPR covers regulations over the “processing of personal data of data subjects who are in the union by a controller or processor not established in the Union”. The law clearly specifies that it applies to any controller or processor not established in the Union (or the EU), including those established in the USA and Canada.

Not all US and Canadian companies, however, need to know the GDPR back-to-back. The law is only applicable to companies dealing with information on certain “data subjects”. GDPR covers the processing of personal data of anyone who is in the EU or EEA, including citizens, residents, and even visitors.

Thus, any American or Canadian company needs to comply with the GDPR regardless of size or revenue as long as it involves data subjects who are in the union.

However, businesses with less than 250 employees are not required to keep a record of their data-processing activities if those activities are unlikely to pose a risk to the rights and freedom of data subjects and if no special categories of data are being processed.

WHAT IS CONSIDERED PERSONAL DATA & IT'S PROCESSING?

Processing of personal data of data subjects includes at least one of these two activities:
  1. The offering of goods or services to EU/EEA data subjects, whether or not a payment is required in the transaction.
  2. Monitoring of user behavior, as long as the behavior takes place within the EU/EEA.
Personal data is defined as any piece of information that can help identify an individual. This includes names, contact information, photographs, videos, as well as device details such as IP addresses, location data, and biometric information. A person’s e-mail address in a marketing list is considered personal data.

Special categories of personal data are mentioned in most privacy laws. That includes medical information and records, as well as children’s personal data.

Aside from these identifiers, the GDPR also covers the monitoring of user behavior. Among these are internet tracking by a website by using cookies and the use of algorithms that predict preferences for targeted advertising. Online businesses commonly use these strategies in boosting performance and website traffic.

Any online business or website that targets persons in the EU will need to comply with the GDPR if any of the conditions above are met.

The GDPR may apply to both the controller and the processor of personal data. As mentioned, the processing of personal data includes the collection, recording, organization, storage, retrieval, use, alteration, or disclosure of any data that can help identify an individual.

A collector, on the other hand, determines what to do with the data. A clothing business gathering email addresses for sales, and a marketing list is a collector. Shipping companies and third-party payment companies are processors of personal data.

Data processing also applies to internal company information. Large online businesses with agents or employees in the EU are also required to have measures for the handling, storage, transfer, and use of employee personal data.

Here are several scenarios to illustrate data processing activities and the GDPR:
  • California-based specialty store ships electronics to Paris, Berlin, and other European cities. Because it is targeted to the EU, it must comply with GDPR.
  • Montreal-based online tutoring service only caters to customers in the surrounding region. The personal data of individuals accessing the website from Europe is not covered by the GDPR as the website does not offer goods or services to EU/EEA data subjects.
  • Canada-based freelance writer publishes in French and accepts commissions from French publishing houses. GDPR applies because the offer of service is made to data subjects in the union.
GDPR NON-COMPLIANCE PENALTIES AND CONSEQUENCES

Non-compliance with the GDPR comes with heavy consequences. Failure to meet requirements will lead to a fine of 4% of the annual global revenue or €20 million, whichever is higher.

For most purposes, the law mandates the appointment of a representative physically located within the EU/EEA to facilitate enforcement. In instances of non-compliance, any assets in the EU/EEA may be seized, including bank accounts and real estate.

For online businesses and websites that have no physical presence in the EU, international law will take effect. The European Union has mutual assistance treaties with many countries, including the US and Canada.

Always be congizant of data protection rules of the countries in which you are conduting business. Ignorance of the law is not an excuse when it applies to unsolicited online marketing.

For further information, please contact Atlantic Online and we would be pleased to provided further clarification.



By Shelley Bellefontaine 25 Feb, 2023
2023: The Year To Market Your Business Like Never Before
By Shelley Bellefontaine 24 Oct, 2022
How to Choose a Web Design Agency?
By Shelley Bellefontaine 15 Apr, 2021
Converting website visitors into paying and repeat customers is the goal of e-commerce, but getting there isn’t always easy. In fact, studies estimate the average e-commerce conversion rate is just 2-3%. Sounds gloomy, I know, given all the effort that we go through to build e-commerce websites, and the promotions to get it seen! But, there are things we can do. Follow this simple checklist to optimize your e-commerce website experience, and turn more of your existing website traffic into sales. 1. Attention-grabbing photos (and video, too) Photography needs to do the job of making the shopper feel like they can (almost) touch your product. And the more photos, the better. Include multiple angles of the product standing alone, with people using it, and a shot of the packaging. A short video is great for showing how a product moves, works or how it should be installed. 2. Powerful product descriptions Your product copy should be short and hard-working. Use a mix of action words and sensory words to paint a clear picture of specific product features and benefits. This is also the place to have a little fun if that fits with your brand voice. And don’t forget to spellcheck your text. 3. A clear call to action (CTA) If you don’t ask a customer to buy from you, chances are they won’t. An effective CTA is short and clear, such as Add to Cart or Checkout, and they work best on coloured buttons. Your Checkout button is like a cash register, so don’t make shoppers look for how to give you their money. 4. Reviews and testimonials Product reviews are powerful persuasion tools. A good review can answer a nagging question in the consumer’s mind and give them the confidence to buy from your business. Testimonials, although more effort to obtain because they require outreach, are worthwhile, detailed accounts of the customer experience with your product or service. If you’re able to get media or industry experts to review your products, these are worth featuring prominently. 5. Free shipping With free shipping the norm these days, it’s easy to assume that it’s the only way to go. And while free shipping can increase conversion rates on e-commerce websites, it can seriously eat into your profit margin. Shipping carriers can increase their prices, too, further cutting your profits. Many merchants choose to increase product prices to maintain the same margin, but there is another approach. Free shipping minimums are a great compromise that incentivizes customers to increase their order value while offsetting your shipping costs. 6. Sales, deals, promo codes, and coupons Satisfy the deal hunter in everyone by offering special promotions and discounts. A designated Sale section on your website navigation clearly tells shoppers where to go for the best savings. Ramp up the sense of urgency by using time-limited coupon codes or bundling high-demand products with sellout potential. 7. A straightforward return policy Offering a reasonable return policy is an important part of your e-commerce business strategy. If your policy is too generous, it may be abused. If it’s not flexible enough, customers may choose to buy elsewhere. Post your policy and clearly outline terms for returns, refunds, and exchanges to give shoppers the confidence to place their trust in your business. Ensure returns are handled professionally, and you’ll continue to build customer loyalty for future purchases. Ready to take your e-commerce business to the next level? AtlanticOnline.ca can help promote your business online. Find out more by calling 1-902-717-8496 for a free consultation with one of our eCommerce Account Consultants .
Show More

Come see what we're all about

Shelley Bellefontaine, Digital Marketing Architect, is CEO/Founder of AtlanticOnline.ca, a full-service marketing firm operating at the intersection of marketing and digital media. We provide a host of digital marketing solutions including website design, eCommerce storefront websites, content marketing, email marketing, SEO/ SEM, social media marketing, lead generation as well as marketing strategy, branding, and a variety of other marketing programs to mid-sized businesses and nonprofits.


To learn how AtlanticOnline.ca can help your business or organziation grow online, contact us for an enlightening discussion.

Connect

+1 (902) 717-8496

PO Box 161, Church Point
Nova Scotia, Canada  B0W1M0

Follow

Blog & News

By Shelley Bellefontaine 25 Feb, 2023
2023: The Year To Market Your Business Like Never Before
By Shelley Bellefontaine 24 Oct, 2022
How to Choose a Web Design Agency?
By Shelley Bellefontaine 15 Apr, 2021
Converting website visitors into paying and repeat customers is the goal of e-commerce, but getting there isn’t always easy. In fact, studies estimate the average e-commerce conversion rate is just 2-3%. Sounds gloomy, I know, given all the effort that we go through to build e-commerce websites, and the promotions to get it seen! But, there are things we can do. Follow this simple checklist to optimize your e-commerce website experience, and turn more of your existing website traffic into sales. 1. Attention-grabbing photos (and video, too) Photography needs to do the job of making the shopper feel like they can (almost) touch your product. And the more photos, the better. Include multiple angles of the product standing alone, with people using it, and a shot of the packaging. A short video is great for showing how a product moves, works or how it should be installed. 2. Powerful product descriptions Your product copy should be short and hard-working. Use a mix of action words and sensory words to paint a clear picture of specific product features and benefits. This is also the place to have a little fun if that fits with your brand voice. And don’t forget to spellcheck your text. 3. A clear call to action (CTA) If you don’t ask a customer to buy from you, chances are they won’t. An effective CTA is short and clear, such as Add to Cart or Checkout, and they work best on coloured buttons. Your Checkout button is like a cash register, so don’t make shoppers look for how to give you their money. 4. Reviews and testimonials Product reviews are powerful persuasion tools. A good review can answer a nagging question in the consumer’s mind and give them the confidence to buy from your business. Testimonials, although more effort to obtain because they require outreach, are worthwhile, detailed accounts of the customer experience with your product or service. If you’re able to get media or industry experts to review your products, these are worth featuring prominently. 5. Free shipping With free shipping the norm these days, it’s easy to assume that it’s the only way to go. And while free shipping can increase conversion rates on e-commerce websites, it can seriously eat into your profit margin. Shipping carriers can increase their prices, too, further cutting your profits. Many merchants choose to increase product prices to maintain the same margin, but there is another approach. Free shipping minimums are a great compromise that incentivizes customers to increase their order value while offsetting your shipping costs. 6. Sales, deals, promo codes, and coupons Satisfy the deal hunter in everyone by offering special promotions and discounts. A designated Sale section on your website navigation clearly tells shoppers where to go for the best savings. Ramp up the sense of urgency by using time-limited coupon codes or bundling high-demand products with sellout potential. 7. A straightforward return policy Offering a reasonable return policy is an important part of your e-commerce business strategy. If your policy is too generous, it may be abused. If it’s not flexible enough, customers may choose to buy elsewhere. Post your policy and clearly outline terms for returns, refunds, and exchanges to give shoppers the confidence to place their trust in your business. Ensure returns are handled professionally, and you’ll continue to build customer loyalty for future purchases. Ready to take your e-commerce business to the next level? AtlanticOnline.ca can help promote your business online. Find out more by calling 1-902-717-8496 for a free consultation with one of our eCommerce Account Consultants .
By Shelley Bellefontaine 07 Jan, 2021
There are plenty of exciting ways to grow your business! More people are using email and social media than ever before, and the result is plenty of new opportunities for leaders and marketing teams across all industries. One aspect of marketing you may be neglecting is your mobile strategy. Over 3.5 billion people own mobile devices globally, which means you’re leaving a lot of money on the table if you’re not doing everything possible to reach smartphone users. If you need more context, consider this; the average person spends 3.3 hours on their smartphone every single day. You can maximize sales and conversions by looking for opportunities to put your business front and center while your target audience uses their phones. The thing is, mobile users have slightly different behaviors and interests when compared to their desktop counterparts. Our goal today is to reveal four effective mobile marketing strategies you can use to help your brand thrive following the new year. Emphasis Personalization In 2021 and 2022, we learned that consumers love personalized experiences. Business owners quickly figured out that catering to their audience’s needs is a great way to generate more sales. You can see personalization aspects across all of the major marketing platforms today, including social media, email, and on-site. Nailing personalization will help you get more mobile conversions in 2021. People are interested in engaging with companies that offer products that help with specific pain points or cater to individual goals. The best way to make this strategy work for you is to understand the customer personas that visit your site. Personas are generalized personality type profiles that define your target audience. For instance, a sporting goods store would have personas for football fans and separate profiles for people interested in basketball. Because your products or services offer multiple solutions, you need to consider these factors when offering personalized content or promotions to smartphone visitors. Using a mobile-responsive design ensures that their experience is personalized to their interests and their device. Leverage the Power of Voice Search Another trend expected to impact mobile sales specifically is voice search. Consumers use smart speakers like Amazon’s Alexa to search the internet, but mobile phones play an equally important role. Android and Apple-powered smartphones have a voice assistant that smartphone users can use to ask questions, browse the website, and make purchases. We know that more people are using their devices to place orders too. A surprising 22% of people using smart speakers, including their mobile phones, used their devices to buy a product. You can improve your voice search visibility by including new keywords throughout your content. The truth is, people rarely speak the way they type. When you’re creating blog posts, use a conversational tone, and include some of these new words throughout your content. Now, when someone is searching for your chosen keywords, there’s a chance your site could pop up in their results. Due to this exposure, they could go to your website and become a subscriber or customer. Mobile users are likely to follow their voice-activated device’s suggestion, so getting this part of your mobile marketing strategy right is essential. Simplify Processes and Empower Users Next, let’s talk about your website’s design and choices you can make to empower users. The people interacting with your brand want a smooth and seamless experience across all platforms. Smoothing out your edges and using each marketing platform to your advantage will help you dramatically boost your mobile conversion rate. For instance, you may want to consider adding a customer support feature to your largest social media accounts. A whopping 63% of people expect customer support options through social media. If a smartphone user is thinking about becoming a customer, not having an additional support option could be a deal-breaker. Your objective is to make things as simple as possible for visitors discovering your company and those interested in the products or services offered on-site. So, improving your page loading times and reducing clutter on your website will ensure that mobile and desktop users alike can find exactly what they need. It’s also a good idea to simplify the big moments in the buying process. For example, fine-tuning your checkout page ensures that more customers stick around and complete their order. As a result, you’ll see fewer abandoned carts and an improved customer retention rate. This part of the process will evolve in phases. Take your time and slowly improve navigation, design, and function availability across all platforms, and you’ll see more mobile engagement. Shift to Visual Content We’ve also noticed a drastic shift in the way people consume content. Mobile users are a big fan of visual content like images and videos. Both of these types of media see more engagement when compared to simple text posts. There’s an additional engagement level that people get from experiencing others doing things instead of writing about them. It doesn’t matter what industry you’re in; there are plenty of ways to mix up your content for mobile users. If you’re looking for a new way to generate more mobile leads for your email list, consider creating an infographic lead magnet. Lead magnets are essentially pieces of content that users can get in exchange for their email addresses. An infographic is a visual piece of content that displays interesting points and facts for people to read. Creating a lead magnet with a nice piece of visual content will encourage mobile users to subscribe, which opens the door to future engagement opportunities. Video content is also extremely helpful in helping brands grow their mobile audience. In fact, video content alone is 50x more likely to drive organic traffic than text-only posts! Think about unique videos you can make that focus on your products or industry as a whole. You can make an opinion piece, guide, tutorial, or even spend some time chatting with your followers. People love video content, and that trend will not change in 2021. Final Thoughts As you can glean from this article, trends will continue to grow. As more people get comfortable using mobile devices, expect to see a continued increase in shoppers. We think that there will be an increased demand for these strategies as brands continue adapting to their customers’ needs.

Helping you navigate the sea of digital since 1999 | © 2022 Atlantic Online Fairlead Marketing Inc. | All Rights Reserved | Privacy

Share by: