Regulating Cookies: Important Differences Between Canada And Europe

The commercial utility of cookies, and other online tracking devices that store information about a user between Internet browsing sessions, has helped make them a nearly ubiquitous feature of websites worldwide. But while the use of cookies may be common across borders, their regulation is not. Businesses should be aware that Canada and the European Union have developed starkly different rules governing the use of cookies.

In Canada, the regulation of online tracking devices like cookies is based on a relatively relaxed "opt-out" framework. Canada's new anti-spam law (CASL), not yet in force, expressly allows cookies to be installed on a user's computer provided the user's behaviour suggests he or she would consent to the installation. And CASL takes precedence where there is a conflict with federal privacy legislation.