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Canda PIPEDA & Cookies

Last Updated: September 3, 2021

What is the PIPEDA?

The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s primary privacy law that relates to personal information collected, used or disclosed while carrying out commercial activities. On November 17, 2020, the government proposed new legislation aimed to reform PIPEDA, most notably by enacting the Consumer Privacy Protection Act (CPPA).

The purpose of the CPPA is to protect individual’s personal information and further regulate how organizations collect, use, and disclose personal information. The bill would also introduce the Personal Information and Data Protection Tribunal Act (the Tribunal Act), establishing an administrative tribunal to hear appeals of decisions made by the Office of the Privacy Commissioner of Canada (OPC) and facilitate the issuing of penalties.

 

What Does This Mean for Cookies?

The CPPA furthers meaningful consent requirements and would require organizations to delete the personal information of individuals who withdraw their consent to the use of their personal information. Additionally, the CPPA includes provisions with respect to the retention and disposal of personal information, ensuring the accuracy of information and organizations’ commitment to transparency, providing individuals with the possibility to access and amend their personal information.

 

Penalties for Non-Compliance

The CPPA would allow the Office of the Privacy Commissioner of Canada (OPC) to make recommendations to the Personal Information and Data Protection Tribunal and generally provides for the imposition of monetary penalties of up to 3% of global revenue or CAD 10 million, while allowing for the imposition of a maximum fine of 5% of global revenue or CAD 25 million for certain serious matters.

 

CookiePro Can Help

Since Canada’s PIPEDA requires website owners to inform visitors and obtain their consent, this requires a consent management platform (CMP) like CookiePro. You need a cookie consent tool that scans your website for all cookies and tracking technologies and categorizes them. CookiePro takes it a step further by allowing you to schedule scans that will automatically update your policy for better compliance and transparency. Additionally, CookiePro features such as Records of Consent, allow you to access a complete and historical list of consent records to prove valid consent.

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