Cookies, Online Tracking and Direct Marketing
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Cookies, Online Tracking and Direct Marketing Start Comparison
Are there specific requirements for the use of cookies and other online tracking technologies?

Last review date: 18 December 2024

Yes.

Under Canada's Anti-Spam Law (CASL), an organization can generally rely on implied consent to install cookies, as long as the individual's conduct indicates that they consent to it (e.g., if the person disables cookies in their browser, the organization would not be considered to have consent to install cookies). Under PIPEDA, an organization can generally rely on implied consent to collect and use personal data through cookies so long as the personal data is not sensitive and the collection and use aligns with the reasonable expectations of the individual. The OPC has published guidance on online behavioral advertising and the use of cookies, which sets out the conditions under which implied consent to online behavioral advertising can be considered acceptable. The guidance also generally prohibits the use of certain types of cookies and generally prohibits the tracking of children and tracking on websites aimed at children.

Are there specific requirements related to the use of personal data for direct marketing activities?

Last review date: 18 December 2024

Yes.

☒        email marketing

☒     prior opt-in consent
     prior existing business relationship (and subject to other requirements) with opt-out consent

☒        telephone marketing

☒     opt-out or implied consent

☒        SMS/text message marketing

☒      prior opt-in consent
☒      prior existing business relationship (and subject to other requirements) with opt-out consent

      online behavioral advertising targeting/social media targeting/ad personalization marketing

☒     opt-out or implied consent