Keith Mack
While there are no laws in Canada that specifically deal with cookie retention, the country has privacy laws that impose limitations on the length of time that personal information can be retained. The primary federal law governing data privacy in Canada is the Personal Information Protection and Electronic Documents Act (PIPEDA), which requires businesses to obtain consent when gathering or using any type of information, including cookies. Another key privacy law in Canada is the Canadian Anti-Spam Law (CASL), which is relatively new legislation that does not provide much guidance on what conduct will be deemed reasonable to assume consent. Quebec's Law 25 is also a significant privacy legislation development in Canada, heralding a shift in modernizing the country's wider privacy landscape.
| Characteristics | Values |
|---|---|
| Existence of a cookie law | While there is no specific law dealing with cookie retention, Canada's privacy laws do impose limitations on the length of time personal information can be retained. |
| Primary federal law governing data privacy | PIPEDA (Personal Information Protection and Electronic Documents Act) |
| Purpose of the primary law | To ensure the security and privacy of Canadian residents' information. |
| Information covered by the primary law | Identifying information (name, birthday), cookies, IP addresses, etc. |
| Requirements for businesses | Obtain consent when gathering or using any type of information, including cookies. |
| Cookie consent requirements | Not explicitly stated, but tools like cookie banners or pop-ups can be used to gain consent. |
| Other relevant laws | CASL (does not apply to user-installed apps and programs), provincial laws like Quebec's Law 25 (Bill 64) |
| Global reach | PIPEDA and CASL apply to all global businesses collecting personal information from Canadian users. |
| State-level laws in other countries | CCPA (California), VCDPA (Virginia) |
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What You'll Learn
Canada's privacy laws and cookie consent requirements
Canada has several privacy laws and cookie consent requirements that businesses must adhere to. While there are no laws that specifically deal with cookie retention in Canada, the country's privacy laws impose limitations on how long personal information can be retained. The primary federal law governing data privacy in Canada is the Personal Information Protection and Electronic Documents Act (PIPEDA). This law, in effect since 2000 with the latest amendment in 2015, requires businesses to obtain consent when gathering or using any type of information, including cookies. PIPEDA emphasises informed and freely given consent regarding the collection, use, and disclosure of personal information, and this applies to cookie usage as well. According to the Privacy Commissioner, users must clearly understand what data is being collected, how it will be used, and have the option to choose whether or not to consent.
Another important legislation is Canada's Anti-Spam Legislation (CASL), which is relatively new and does not have much guidance yet on what conduct will be deemed "reasonable" to assume consent. It is advised to follow the EU approach to pop-up consents due to the significant penalties that can be levied under CASL. Additionally, Quebec's Law 25, previously known as Bill 64, is Canada's latest and most significant privacy legislation development. While Section 9.1 of Law 25 does not require cookies to be automatically set at the highest level of privacy by default, it does require that any technological product or service offering privacy settings must ensure those settings provide the highest level of confidentiality by default.
Furthermore, while there is no federal law in the US governing the use of cookies, state-level laws like the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (CDPA) consider cookies as personal data. These laws empower residents with the right to opt out of cookie consent and request the deletion of previously collected data.
To ensure compliance, businesses operating in Canada must familiarise themselves with relevant privacy laws and implement tools to gain consent, such as cookie banners or pop-ups. It is crucial to stay informed about the latest developments in privacy laws, as they continuously evolve.
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Quebec's Law 25 and its impact on cookies
Canada's two main privacy laws, PIPEDA and CASL, govern the use of cookies for websites. These regulations guarantee the user's right to privacy and require websites to obtain consent from users to track, collect and use their data. However, they do not explicitly mention the use of cookie banners or pop-ups.
Quebec's Law 25, previously known as Bill 64, was introduced to modernize and unify personal data privacy protection in the province. The law requires explicit and informed user consent before collecting or processing personal information, with limited exceptions for fraud prevention and providing requested products or services. It defines personal information as concerning a physical person, allowing them to be identified, and excluding legal persons such as businesses. Sensitive information includes medical, biometric, and intimate details.
The law introduces stringent obligations on organizations handling personal information, with increased penalties for non-compliance, aligning more closely with the EU's GDPR. To comply, organizations must provide specific information about the data each cookie tracks and its purpose before receiving consent. They must also enable users to withdraw consent easily and document and store user consent.
Quebec's Law 25 has significant implications for cookie consent, bringing a more unified and stringent approach to data privacy in the province. It empowers individuals with greater control over their personal information and ensures organizations are held accountable for their data handling practices.
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PIPEDA and its implications for cookies
PIPEDA, or the Personal Information Protection and Electronic Documents Act, is the primary federal law governing data privacy in Canada. The law, which came into effect in 2000, has been amended several times to address the evolving digital landscape.
PIPEDA defines personal information as information about an identifiable individual, including IP addresses, cookies, search and browser history collected by most websites through third-party cookies and trackers. The law applies to any website in the world that processes personal information from Canadian residents for commercial use.
PIPEDA's principle of individual access gives Canadian residents the right to access their personal information and requires organizations to disclose the existence, use, and disclosure of this information upon request. Organizations must inform individuals of the purpose for collecting any information, in writing or orally, at the time of collection or before. While PIPEDA does not grant the right to erasure, organizations are required to destroy or anonymize information that is no longer needed for the purposes for which it was collected.
In terms of cookie consent, PIPEDA requires businesses to obtain meaningful consent from users before collecting, using, or disclosing their personal information. This means that websites must provide clear and precise information about cookies and obtain explicit consent from users before deploying them. Users must also be given the option to withdraw their consent at any time, and businesses should inform them of the implications of doing so. While PIPEDA does not explicitly mandate the use of banners or pop-ups for cookie consent, these are commonly used methods to achieve compliance.
Failure to comply with PIPEDA can result in civil actions, class actions, or private rights of action. The proposed Digital Charter Implementation Act would give the Office of the Privacy Commissioner of Canada (OPC) more punitive powers, allowing it to escalate decisions to a newly formed tribunal that can determine penalties.
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CASL and its relation to cookie consent
Canada's Anti-Spam Law (CASL) is one of the toughest laws of its kind globally, aiming to protect users' data privacy. It requires organisations to obtain consent from recipients before sending commercial electronic messages (CEMs) within, from, or to Canada. While CASL does not specify consent requirements for cookies, it does address the installation of computer programs, which includes cookies.
CASL prohibits installing a computer program, including cookies, on another person's device without their express consent. This means that websites must provide clear and precise information about cookies and obtain consent before collecting any data. Users must also be able to withdraw their consent at any time.
CASL considers implied consent valid in certain cases. For example, if a person installs an app from an app store, their consent for future updates is implied, and explicit consent for updates is not required. However, if a user disables cookies in their browser, it indicates that they do not consent to the installation of cookies.
CASL also applies to global businesses collecting personal information from Canadian users. It is essential for businesses operating online in Canada to understand and comply with cookie consent requirements to protect their customers and themselves. To achieve compliance, businesses can implement tools such as cookie banners or pop-ups to gain consent.
While Canada's cookie consent laws are not as strict as the EU's GDPR, they are based on privacy laws like PIPEDA, which protect users' personal information and ensure their right to privacy. PIPEDA requires businesses to obtain consent when gathering or using any type of information, including cookies.
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Cookie consent management platforms
In Canada, while there are certain regulations binding the use of cookies for websites, there is no federal law governing the use of cookies. The primary federal law governing data privacy in Canada is the Personal Information Protection and Electronic Documents Act (PIPEDA). This law requires websites to obtain consent from users to track, collect, and use their data. However, it does not explicitly state that websites must have a banner or pop-up that gives users the option to "accept" or "deny" cookies.
To assist businesses in complying with data privacy requirements, cookie consent management platforms (CMPs) are available. These platforms simplify cookie consent and management, streamlining the process of obtaining and managing user consent for the collection and use of personal data. CMPs enable compliance with various privacy regulations and frameworks, such as the GDPR, ePrivacy Directive, and CCPA. They also help track an individual's consent preferences, maintain records of their decisions, and control tag firing based on these preferences.
One example of a CMP is Cookiebot, which scans websites to detect cookies and trackers in use. It integrates with Google Consent Mode, Google Tag Manager, and TCF 2.2, and offers customizable consent banners in multiple languages. Cookiebot offers multiple pricing plans, including a free plan for smaller websites.
Another option is Termly, which provides an automated cookie consent manager that allows websites to comply with worldwide cookie laws and regulations. Termly's solution includes scanning websites, classifying cookies, customising cookie management settings, and displaying a consent banner. They offer a dedicated support team and comprehensive support articles to guide users through the process.
OneTrust is another popular cookie consent software trusted by over 750,000 websites. It detects all cookies, tags, trackers, and more across a website, allowing for customisation of consent banners according to brand and regional needs. OneTrust informs users of their rights and allows them to manage their preferences for sharing information.
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Frequently asked questions
No, there are no laws that deal specifically with cookie retention in Canada. However, privacy laws in Canada impose limitations on the length of time that personal information can be retained.
The Personal Information Protection and Electronic Documents Act (PIPEDA) is the primary federal law governing data privacy in Canada. PIPEDA requires businesses to obtain consent when gathering or using any type of information, including cookies.
CASL (Canada's Anti-Spam Legislation) is a federal law that regulates how businesses can communicate with customers electronically. It also governs the use of cookies, requiring websites to provide clear and precise information on cookies and a way for users to withdraw their consent.
Quebec's Law 25 is an amendment to the province's Act respecting the protection of personal information in the private sector (the "Private Sector Act" or the "Act"). It is Canada's latest and most significant privacy legislation development, modernizing the country's privacy landscape.
