#CyberFLASH: What your business has to know about the new privacy landscape


Chantal Bernier is former interim privacy commissioner of Canada, counsel in the global privacy and cyber-security group at Dentons LLP Canada and a senior fellow in the Graduate School of Public and International Affairs at the University of Ottawa.

Canadian businesses suddenly find themselves contending with an unusually high number of significant privacy law developments.

In April, the Office of the Privacy Commissioner of Canada delineated the rules around online behavioural advertising. In June, Parliament adopted the Digital Privacy Act, amending the Personal Information Protection and Electronic Documents Act (PIPEDA) to create mandatory breach notification and mandatory breach recording, broaden organizations’ right to share personal information between them and allow disclosure of personal information in instances of suspected financial abuse. Also, Canadian businesses operating in Europe are seeing stricter privacy obligations looming with the adoption by the Council of Ministers of a position on the Draft European Regulation on Data protection.

Here is an overview of the legal implications of these developments and the necessary adjustments for business.

Online behavioural advertising

OBA involves tracking consumers’ activities across sites and over time in order to deliver advertising based on their inferred interests. For example, we see ads for cellphones after researching phone upgrades on the Internet.

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