September 27, 2021

Volume XI, Number 270

Advertisement

September 27, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Canada’s PIPEDA Consent Guidelines Now In Effect

Canada’s new guidelines for obtaining consent under PIPEDA are now in effect. Last year federal Office of the Privacy Commissioner and the Alberta and British Columbia Offices of the Information and Privacy Commissioner jointly issued the guidelines, which outline how to get “meaningful” consent. The OPC will now apply the guidelines when looking at how companies obtained consent, and it has been reported that the guides are viewed by the regulators to have the force of law.

Companies are expected to find creative solutions for developing a consent process, and the guidelines provide seven principles for companies to consider. These include transparency: making clear what is being collected and why. Also part of transparency is if the information is shared. Companies should also give people clear options (“yes” or “no”) and be innovative when putting together the consent process. The consents should, similarly, be user-friendly.  Finally, the guidelines urge companies to be ready to show how they implemented the principles when designing their consent process. To help companies, the guidelines include “must do” and “should do” checklists.

Putting it Into Practice: This Canadian guidance gives helpful insight into what regulators expect from a consent process, which may be useful even for those that operate outside of Canada.

Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume IX, Number 24
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and...

312-499-6335
Amber Thomson, Sheppard Mullin Law Firm, Litigation Attorney
Associate

Amber C. Thomson is an associate in the Business Trial Practice Group in the firm's Washington, D.C. office.

202-747-2658
Advertisement
Advertisement
Advertisement