CANADA: Meaningful Consent, Inappropriate Data Practices, and Breach Notification

With all the excitement in 2018 over the enforcement start date for the European Union’s General Data Protection Regulation (GDPR) and the enactment of the California Consumer Privacy Act of 2018 (which is slated to come into effect on January 1, 2020), US companies may have missed important developments in neighboring Canada.  First, the Office of the Privacy Commissioner of Canada (“OPCC”) issued Guidelines for Obtaining Meaningful Consent and related Guidance on Inappropriate Data Practices.  OPCC will apply the new consent guidelines as enforcement policy effective January 1, 2019.  Second, nationwide security breach reporting requirements came into force this month.  These developments are significant for any organization that deals with Canadian consumers.  Inappropriate Data Practices Canada’s Privacy Commissioner, Daniel Therrien, released two related documents in May 2018 after soliciting and reviewing public…

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