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Makes health care decisions, in Manitoba

Business Practices Act, personalized algorithmic pricingsince 7 lines

C.C.S.M. c. B120, ss. 1-3, 7 and 33, as amended by S.M. 2026, c. 41 · Read the law's page

  • If you are an online retailer or online distributor, do not use personalized algorithmic pricing, meaning pricing that an algorithm or automated processing sets, recommends or varies for a specific consumer as a result of data about that consumer, to increase the price of goods demanded from the consumer; the Act deems that use an unfair business practice (s. 2(3)(v)).
  • If you display prices with an electronic shelf labelling system, do not demand a higher price at the point of sale due to personalized algorithmic pricing in respect of that consumer (s. 2(3)(r.1)).
  • Treat the use of personalized algorithmic pricing as a material fact: exaggeration, innuendo or ambiguity about it, or a failure to disclose it, is a deemed unfair business practice (ss. 2(3)(p), 2(4)).
  • Where the Act conditions a higher price on the consumer's express consent, an online retailer or online distributor has that consent only if it prominently discloses the reason for the higher price in clear and understandable language and the consumer takes clear overt action to consent (ss. 2(3)(q), 2(5)).
  • If you are an online retailer, online distributor or user of an electronic shelf labelling system, do not take advantage of a consumer by demanding a price higher than the price offered to other consumers because of personalized algorithmic pricing in respect of that consumer (s. 3(2)(c)).
  • As an online retailer or online distributor, disclose the total price, including mandatory fees and charges, and any other material facts to the consumer in clear and understandable language and post them prominently, and make the data about the consumer that is available to you equally available to the consumer; both are factors in deciding whether a practice is unfair (s. 3(3)(c)-(d)).
  • Treat the use of algorithms, data analytics, machine learning or artificial intelligence by you or a third party as capable of being an unfair business practice, whether or not a consumer transaction is entered into (s. 7(2)).

Revisions

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  1. Revision 1, : the entry was first published.

See also

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