Over the last year, the Office of the Privacy Commissioner of
Canada ("OPC") released a set of Guidelines and a Policy Position on online behavioural
The OPC defines OBA as "tracking and
targeting of individuals' web activities across sites and over
time, in order to serve advertisements that are tailored to those
individuals' inferred interests."
In the OPC's Privacy and Online Behavioural Advertising
Guidelines, the OPC takes the position that information
collected in the context of OBA will generally constitute personal
information and will therefore be subject to the federal privacy
legislation, the Personal Information Protection and Electronic
Documents Act ("PIPEDA").
Under the OBA Guidelines, an opt-out form of consent for the
collection, use and disclosure of personal information in OBA is
permissible provided that:
Individuals are made aware of the purposes for
the OBA, at or before the time of collection, in a manner that is
clear and understandable.
Individuals are informed of the various parties
involved in the OBA at or before the time of
Individuals are able to opt-out of the
practice and the opt-out takes effect immediately and is
The information collected is non-sensitive in
nature (i.e. not health or financial information).
The information is destroyed or made
de-identifiable as soon as possible.
The OBA Guidelines also provide that OBA cannot be
made a condition of a service (i.e., if users cannot block or
prevent OBA, it should not be used) and, as a best practice, OBA
should not be used on websites designed for children.
The OPC takes the position that information collected in the
context of OBA will generally constitute personal information and
will therefore be subject to the federal privacy
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings.
In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
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