Keith Mack
Canada's privacy laws are stricter than those of most U.S. states, but they don't go as far as the EU's General Data Protection Regulation (GDPR). The country's two main privacy laws are the Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada's Anti-Spam Law (CASL). PIPEDA, which came into effect in 2000 and was last amended in 2015, requires businesses to obtain consent when gathering or using any type of information, including cookies. CASL deals with email marketing and the installation of computer programs such as cookies on people's devices. While CASL uses the terms express and implied consent, it can be confusing as to what is permitted. In November 2020, the Canadian government introduced the Consumer Privacy Protection Act (CPPA), which is similar to the EU's GDPR and enhances the protections under PIPEDA. While there is no explicit mention of cookies in PIPEDA, it does require consent for the collection and use of personal information.
| Characteristics | Values |
|---|---|
| Primary federal law governing data privacy in Canada | Personal Information Protection and Electronic Documents Act (PIPEDA) |
| Purpose of PIPEDA | To ensure the information of Canadian residents remains secure and private |
| PIPEDA's concept of consent | Requires explicit consent for marketing and advertising cookies, but implied consent may be relied on in other cases |
| Scope of PIPEDA | Applies to any organisation that collects, discloses, or utilises personal information for commercial activities |
| Cookie laws in Canada | Prevent websites from storing cookies without informing users or receiving their consent |
| CASL | Deals with email marketing and the installation of "computer programs" (including cookies) on people's devices |
| CPPA | Similar to the GDPR in Europe, enhances the protections under PIPEDA to further protect residents |
| Law 25 | Quebec's amended privacy legislation, introduces stringent obligations on organisations that collect, hold, use, or communicate personal information |
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What You'll Learn
Cookie consent laws in Canada
Canada's privacy laws regarding cookies are stricter than those in most US states, but they are not as stringent as the EU's. The country's two main privacy laws are the Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada's Anti-Spam Law (CASL).
PIPEDA, which came into effect in 2000 and was last amended in 2015, is the primary federal law governing data privacy in Canada. It requires businesses to obtain consent when gathering or using any type of information, including cookies. While the law does not explicitly mention cookies, it does provide rules on consent, which is one of the ten privacy principles outlined in the legislation. PIPEDA's concept of meaningful consent requires explicit consent for marketing and advertising cookies, but implied consent may be relied upon in many other cases.
CASL deals with email marketing and the installation of "computer programs" (including cookies) on people's devices. It uses the terms express and implied consent, which can be confusing. Under CASL, you can infer a person's express consent for the installation of cookies as long as "the person's conduct is such that it is reasonable to believe that they consent to the program's installation". For example, if a person disables cookies in their browser, you might infer that they do not wish to receive cookies.
In November 2020, the Canadian government introduced the Consumer Privacy Protection Act (CPPA), which is similar to the EU's GDPR. The CPPA enhances the protections under PIPEDA and will establish new rules about how businesses can collect, use, and disclose personal information. Under the CPPA, express consent to collect cookies will be considered the default requirement. However, implied consent may be acceptable in certain circumstances, such as when cookies are used to improve the user experience or gather usage data.
In addition to federal laws, there are also provincial privacy laws in Canada, such as Quebec's Law 25, which introduces stringent obligations on organizations that collect, hold, use, or communicate personal information. While Section 9.1 of Law 25 mentions cookies, it states that privacy by design and default does not apply to privacy settings for browser cookies.
Overall, while Canada does not have a specific "cookie law", the country's privacy laws and regulations do address the use of cookies and require websites to obtain consent from users before tracking, collecting, and using their data.
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PIPEDA and CASL
Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) is the primary federal law governing data privacy in Canada. The act, which came into effect in 2000 and was last amended in 2015, requires websites to obtain consent from users to track, collect, and use their data. PIPEDA's concept of meaningful consent requires explicit consent for marketing and advertising cookies, but businesses can rely on implied consent in many other cases. The act also prohibits address harvesting, which is the collection of electronic addresses for marketing purposes.
PIPEDA applies to your business and its website if you collect and process the personal data of Canadians, regardless of where you are based. If you or your users are Canadian, you must comply with PIPEDA. Additionally, you may be required to follow the data privacy laws of individual Canadian provinces. The laws of the Canadian provinces were designed to be similar to each other to streamline business compliance. If you comply with the province law, you are likely to also be compliant with federal PIPEDA and other provinces' data protection laws.
Canada's Anti-Spam Legislation (CASL) is one of the most prescriptive and punitive anti-spam laws in the world, with steep fines of up to $10 million. CASL focuses on the requirements for sending electronic messages for commercial purposes and the requirements regarding consent for them. The act prohibits the sending of unsolicited commercial electronic messages, and organizations must have the implied or express consent of the receiver before undertaking such commercial activity. CASL also requires senders to provide identification information and include an unsubscribe mechanism in each message.
Both PIPEDA and CASL apply to all global businesses collecting personal information from Canadian users. By complying with these acts, businesses can foster trust with users and navigate the evolving digital environment with confidence.
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Quebec's Law 25
Canada does not have a cookie law per se, but there are some laws that govern the use of cookies and online privacy. Quebec, a province in Canada, has its own law called Quebec's Law 25, which is a comprehensive data privacy law.
One of the key tenets of Law 25 is the 'right to consent', which gives individuals control over whether their personal information is processed and requires businesses to obtain explicit and informed consent before collecting or processing their data. This consent must be ''informed, specific, and given freely' by individuals aged 14 or older.
Law 25 also introduces requirements for privacy impact assessments (PIAs), particularly when personal information will be shared outside of Quebec. It mandates the appointment of a Data Protection Officer (DPO) and requires organizations to make data breach notifications to the Commission d’accès à l’information du Quebec and any affected individuals when there is a risk of serious injury due to unauthorized access to personal information.
Additionally, Law 25 aligns with international standards and aims to modernize the province's privacy legislation, reflecting technological advances and addressing evolving privacy changes. It provides extensive revisions to the privacy regime in Quebec, enhancing privacy protections for residents.
The law applies to organizations established in Quebec or doing business in the province that collect, use, or process the personal information of Quebec residents. It is enforced by Quebec’s Commission d’accès à l’information (CAI), with potential fines for non-compliance ranging from CAD 15,000 to CAD 25,000,000, or 4% of global turnover, whichever is greater. The maximum penalty for individuals is $100,000.
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Cookie consent requirements
Canada's privacy laws regarding cookies are stricter than those in most US states, but they are not as stringent as the EU's General Data Protection Regulation (GDPR). The two main privacy laws in Canada that relate to cookies are the Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada's Anti-Spam Law (CASL).
PIPEDA is the primary federal law governing data privacy in Canada. It aims to ensure that the personal information of Canadian residents is secure and private. This law applies to any organisation that collects, discloses, or utilises personal information for commercial activities. PIPEDA requires businesses to obtain meaningful consent before collecting, disclosing, and using personal information. While the law does not explicitly mention cookies, it includes them in its definition of personal information, along with identifying information such as names, dates of birth, and IP addresses. Therefore, organisations must obtain clear consent before deploying cookies to track data. Users must have a clear opportunity to accept or reject cookies, and this option should be presented plainly and immediately upon visiting a website or using a service.
CASL deals with email marketing and the installation of "computer programs," including cookies, on users' devices. CASL uses the terms express and implied consent. Express consent for the installation of cookies can be inferred if it is reasonable to believe that the user consents to the program's installation. For example, if a user has not disabled cookies in their browser, it may be assumed that they consent to their use. However, if a user has disabled cookies, it is reasonable to infer that they do not wish to receive them, and their consent mechanism should respect global privacy signals.
In addition to PIPEDA and CASL, there are other laws and regulations that businesses operating in Canada should be aware of. The Consumer Privacy Protection Act (CPPA), introduced in November 2020, is similar to the GDPR and enhances the protections under PIPEDA. Quebec's Law 25 introduces stringent obligations on organisations handling personal information and brings Canada closer to the EU's privacy standards. While Law 25 does not specifically mention cookies, it requires privacy by design and default, which means that all tracking features must be turned off by default. Essential cookies, necessary for a website to function correctly, are excluded from this requirement. Additionally, businesses should be aware of individual Canadian province laws, such as Quebec's Bill 64 and British Columbia's Personal Information Privacy Act, which may have specific requirements regarding cookie consent.
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Cookie consent and compliance
Canada's privacy laws are stricter than those of most U.S. states, but they are not as stringent as the EU's. The country's two main privacy laws are the Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada's Anti-Spam Law (CASL). PIPEDA, which came into effect in 2000 and was last amended in 2015, is the primary federal law governing data privacy in Canada. It requires businesses to obtain consent when gathering or using any type of information, including cookies and IP addresses. While PIPEDA does not explicitly mention cookies, it does provide rules on consent, which is one of the ten privacy principles set out in the law.
PIPEDA's concept of meaningful consent requires explicit consent for marketing and advertising cookies, but businesses can rely on implied consent in many other cases. For instance, implied consent might be acceptable if the website owner only uses cookies to improve the user experience or gather usage data for themselves. On the other hand, if the cookies will collect data to share with third parties to develop targeted ads, prior express consent will likely be necessary.
CASL deals with email marketing and the installation of "computer programs" (including cookies) on people's devices. It also uses the terms express and implied consent. Under CASL, you can infer a person's express consent for the installation of cookies if it is reasonable to believe that they consent to the program's installation. For example, if a person disables cookies in their browser, you might infer that they do not wish to receive cookies.
In addition to PIPEDA and CASL, there are also provincial privacy laws in Canada, such as Quebec's Law 25 and British Columbia's Personal Information Privacy Act. Quebec's Law 25 introduces stringent obligations on organizations that collect, hold, use, or communicate personal information to third parties, bringing it closer in line with the EU's GDPR. While Section 9.1 of Law 25 does not require cookies to be automatically set at the highest level of privacy by default, Section 8.1 implicitly requires that identifying/locating/profiling technology, including non-essential cookies, be deactivated by default.
Overall, while Canada does not have a specific "cookie law," the existing privacy laws and regulations ensure that users' privacy is protected and that their data is not misused. By understanding and complying with these laws, businesses operating in Canada can foster trust with users and navigate the evolving digital environment with confidence.
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Frequently asked questions
Yes, Canada has cookie laws that prevent websites from storing cookies without informing users or receiving their consent. The primary federal law governing data privacy in Canada is the Personal Information Protection and Electronic Documents Act (PIPEDA).
PIPEDA is the primary federal law governing data privacy in Canada. It requires businesses to obtain consent when gathering or using any type of information, including cookies. PIPEDA was enacted in 2000 and amended in 2015.
Canada's Anti-Spam Law (CASL) deals with email marketing and the installation of cookies on people's devices. Quebec's Law 25 introduces stringent obligations on organizations that collect, hold, use, or communicate personal information, bringing it closer in line with the EU's GDPR.
