Ban Personalized Algorithmic Pricing

Summary#

Bill 104 bans stores and online sellers from using your personal data to change the price you see. It makes this a banned “unfair practice” under Ontario’s consumer protection laws. The rule targets both in‑store electronic shelf labels and prices shown on websites or apps. Most of it would take effect six months after the bill becomes law.

• Bans “personalized algorithmic pricing” (using your data to set or change a price just for you).
• Covers data like your shopping history, device, income, payday, credit history, delivery address, and health status.
• Applies to electronic shelf labels in stores and to online marketplaces.
• Declares violations an unfair practice under consumer law, enabling consumer complaints and enforcement.
• Does not stop general sales, time‑of‑day changes, or prices offered equally to all shoppers or all loyalty members.

What it means for you#

• Shoppers

  • You should see the same shelf or online price as other shoppers at that moment, not a higher or lower price picked for you.
  • Your personal details (like income, credit, or browsing history) should not change the price you pay for a carton of eggs or any other retail good.
  • Region‑wide or store‑wide prices that apply to everyone are still allowed.
  • If you think your price was personalized, you can contact Consumer Protection Ontario and may seek a refund or other help under existing consumer laws.

• Loyalty program members

  • Standard loyalty prices or discounts that apply to all members are still allowed.
  • Targeted, algorithm‑driven offers that set a unique price only for you based on your data would be banned.

• Retailers and grocery chains

  • You cannot use algorithms to change a price for a single shopper based on their data.
  • You can still use dynamic prices that change for everyone at once (for example, a weekend sale).
  • Electronic shelf labels must not show different prices to different people.
  • You may need to adjust pricing systems, data use, and vendor contracts to comply.

• Online platforms and marketplaces

  • You cannot vary the item price per user based on personal data such as device type, delivery address, shopping history, or inferred “willingness to pay.”
  • Area‑based prices that are the same for all shoppers in that area remain allowed; per‑person adjustments do not.

• Timing

  • The main rules start six months after the bill becomes law. Related updates tied to Ontario’s newer consumer law would start later, once that law is in force.

Expenses#

No publicly available information.

Proponents' View#

• Protects people from hidden price discrimination, so shoppers pay fair, consistent prices.
• Stops sellers from using sensitive data (like income or payday) to charge more when people are most vulnerable.
• Builds trust in digital shopping and new shelf‑label tech by setting clear, simple limits.
• Helps low‑income and marginalized shoppers who might otherwise face higher prices due to their profiles.
• Keeps competition focused on better products and real deals, not on exploiting personal data.

Opponents' View#

• Could block personalized discounts that some shoppers like and that can lower prices for deal‑seekers.
• Creates compliance and technology costs for retailers and online platforms that use pricing software.
• May be hard to enforce, since proving a price was personalized can be technical and complex.
• Risk of overreach: broad definitions might chill harmless innovations in promotions or demand management.
• May not address the main drivers of high grocery costs, such as supply chains and market concentration.