The Province of Manitoba has sent a clear signal to the retail sector that data‑driven price differentiation is under scrutiny. Proposed amendments to the Business Practices Act under Bill 49 targets “predatory” pricing models that adjust prices based on who the customer is, what their data reveals, or where they live. Retailers using or considering advanced digital pricing tools should take note.
A First‑of‑Its‑Kind Rule
If passed, charging different consumers different prices based on personal data or algorithmic profiling would become a (prohibited) unfair business practice. Individual inputs like purchase history, socio‑economic indicators, income‑related data, credit or medical information, geographic location, could not be used to offer differential pricing. The Bill also makes clear that both bricks-and-mortar and online retailers and distributors fall squarely within its scope.
