2022 is here and it’s pretty exciting! In your “do better, be better” new year’s resolution planning, don’t forget to also consider your professional self. What will 2022 mean for you, professionally? You may be comfortable in your corporate ladder climb…and we wish you well. But it’s quite possible that you’re hearing the entrepreneur career path call your name. Canada is welcoming to entrepreneurship. In fact, statistics demonstrate that Canadian entrepreneurs are a growing segment and that small-medium businesses positively contribute to the Canadian economy. Will you be a part of this movement?
The law is not intuitive. You may not know what legal issues are relevant to your business. But this doesn’t stop them from impacting your business or exposing you to liability and/or risk. Here’s a run down of what you may want to consider in every stage of your business venture from initial concept to global domination.
1. Is 2022 the year you are finally ready to make the leap to launch your business?
Do you have a passion or hobby that you’re ready to fully commercialize? Is your side hustle growing to the point that you’re ready for it to become your main hustle? Ensure that you’re operating the business under the right business entity. There are a few options: sole proprietor v. incorporation v. joint venture v. partnership. There are advantages and disadvantages associated with each type of business entity. Make sure that you pick the right type of business entity for your venture. Enter into non-disclosure agreements to make sure that your concepts are protected when you’re making your pitches to third parties. Conduct appropriate due diligence and invest in your intellectual property before you bring your concept to market. If you’re working with consultants to build out aspects of your business, make sure that you enter into independent contractor agreements. It’s never too early to invest in legal protection.
2. Have you already launched your business? Is 2022 finally the year you’re going to dot your legal “i’s” and cross those “t’s”?
Some of you may be along your entrepreneurial journey and are well entrenched (or well in the trenches – depending on your perspective) in your business. You’ve tested out your side hustle and you know that there’s legitimate traction. Now may be the time to focus on the legal issues. You may be operating as a sole proprietor and are ready to incorporate. You may be ready to properly codify all of your third party business relationships through written agreements. This extends to clients, service providers all along your supply chain, contractors etc. You should take bigger steps to protect your competitive advantage and invest in protecting your intellectual property. Build out the proper legal structures to ensure that your business is best protected and ready for growth and is attractive for third-party investments.
3. Is 2022 the year you will grow your team?
There is something to the adage: “you’ve got to spend money to make money”. There comes a point when you realize, you can’t do it all. You can’t be the creator, the marketer, the book-keeper, the sales engine and the overall do’er. If you dilute your efforts, guess what? Your returns are diluted. At some point, you need to build a team. There are lot of options as how to grow this team: a business partner, an investor, an employee, a freelancer, a sales agent, a licensing partner, etc. When you inevitably do grow your team, understand the implications and make sure that your legal arrangements are properly set up.
4. Is 2022 the year you will make a big marketing push?
Is now the time for you to really expand your brand’s reach outside of its current customer base? How will you activate this? Through sponsorship? Hiring a brand ambassador? Creating an influencer marketing campaign? When COVID is over, hosting a series of retail pop up activations? Pushing your digital marketing campaigns? With each marketing push comes a different set of legal concerns: compliance with Canada’s Anti-Spam Legislation, negotiating contracts, compliance with the Competition Act, abiding by social media platform rules, avoiding copyright and trademark infringement claims, staying onside of influencer marketing campaign laws. The greater the brand exposure, the greater the exposure to risk. Mitigate those risks by planning ahead and avoiding legal minefields.
5. Is 2022 the year you will fully take your business online?
Now more than ever, it is clear that businesses will not survive if they are not online. If you are collecting personal from your customers or users, you will need to specify how you collect, store, use, disclose and otherwise process their personal information. This is normally done by posting a privacy policy or privacy statement on your website or in your mobile app. If you’re doing business outside Canada, your privacy policy will also need to accommodate laws in the other countries your customers and users are in. You will also want to inform your customers and users of any acceptable use policies that apply to their use of your website or mobile app, plus any other restrictions on use. Businesses operating in 2022 should do so by preparing and posting terms of use on their online properties. If you are providing a service online, for example through a marketplace or through a subscription service, then you will likely also need a terms of service. This is effectively a customer agreement that specifies what the terms are governing the service you are providing to your customers, such as term, termination rights, and limitations on liability. By having your privacy policy, terms of use and/or terms of service in order, you will be better positioned to comply with applicable laws in the jurisdiction you operate and you will protect your company from unnecessary and unreasonable liability. This sets you up for success.
6. Is 2022 the year your packaging and labelling will strategically connect with consumers?
A truly successful brand appeals to the emotions of its consumer base and creates a value proposition that the consumer buys into. Strategic packaging and labelling for your business’ products and services can be beneficial in creating that emotional connection with your brand. Examples of such claims include Made in Canada, Product of Canada claims. In addition, the contents of your products can be also be an impetus for consumption (i.e. gluten free, vegan, nut free etc.). Such claims are governed by specific legislation and it is important to ensure that your packaging and labelling claims are compliant with the law.
7. Is 2022 the year you will expand beyond Canada?
We love Canada. Truly. But with a population of only 35 million or so, you can reach your full potential somewhat quickly. Compare that with our neighbor south of the border, who has a population of about 325 million, and there’s a lot more opportunity for growth. In today’s Shopify-powered world, global domination is that much more accessible. If you’re expanding internationally via e-commerce, ensure that your website policies are compliant and that your business is complying with privacy laws. Be cognizant that as you expand internationally, your business will have to comply with the laws of that target country.
8. Is 2022 the year you will fully embrace corporate social responsibility?
Corporate social responsibility (“CSR”) is a significant motivator for consumer purchasing behaviors and it’s unlikely to change. Will your business fully embrace CSR? Have you created corporate policies that bring into account human rights and environmental concerns? Will you bind your third parties to abide by these policies when they’re working for you? Will you become B Corp Certified? Do your manufacturing agreements bring into account sustainability, human rights and environmental issues? Do you have an internal supplier diversity procurement system? If not, you may want to factor these in.
Starting a business venture is an exciting endeavor. It can also be overwhelming. Knowledge is power and hopefully this article gives you a small idea of what types of legal issues you should be considering on your entrepreneurial journey.
