Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 MAY 2019

Canadian Transborder Data Transfers: OPC Releases Supplemental Discussion Document

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

As we discussed in a recent blog post on this important issue, the Office of the Privacy Commissioner of Canada ("OPC") ...

CanadaPrivacy
David Krebs
David Krebs
Luanne Schlosser
Luanne Schlosser
Eric S. Charleston
Eric S. Charleston
Author LinkedIn connections

As we discussed in a recent blog post on this important issue, the Office of the Privacy Commissioner of Canada ("OPC") last month announced its intention to interpret the "transfer" of personal information as a "disclosure" rather than a "use" under Canada's private sector privacy legislation, the Personal Information Protection and Electronic Documents Act ("PIPEDA"). As we explored, this shift in position has the potential to have a tangible impact on the way in which companies must communicate to, and obtain consent from, customers and other aspects of operations as it relates to the processing of personal information, in particular transborder data transfers, including those between affiliated organizations.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

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.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?
CanadaPrivacy
MLT Aikins LLP
MLT Aikins LLP
Article

Canada’s Children’s Privacy Code: What It Means For Your Organization

On October 20, 2026, the Office of the Privacy Commissioner of Canada (OPC) released its Children’s Privacy Code (“the Code”). It is not new legislation, but that does not make it optional. The Code lays out how the OPC reads the Personal Information Protection and Electronic Documents Act (PIPEDA) when children’s personal information is involved online, and it is a clear preview of what the regulator will look for in complaints and investigations.
CanadaPrivacy
McKercher LLP
McKercher LLP
Article

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.
CanadaPrivacy
Miller Thomson
Miller Thomson
Article

The New Canadian Children's Privacy Code Could Impact Your Organization

Canada's Office of the Privacy Commissioner has launched the country's first Children's Privacy Code, establishing comprehensive guidelines for how organizations must handle the personal information of minors online. The Code introduces strict requirements around consent, data minimization, and prohibits practices like behavioral profiling for marketing purposes, with expectations that organizations implement age-appropriate privacy protections now rather than waiting for upcoming legislative changes.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

Canada’s OpenAI Findings: What Businesses Need To Know About AI And Privacy Compliance

Canadian privacy regulators have completed a joint investigation into OpenAI's ChatGPT, examining whether the company's collection, use, and disclosure of personal information complies with federal and provincial private-sector privacy legislation. The investigation involved the Office of the Privacy Commissioner of Canada alongside regulators from Quebec, British Columbia, and Alberta, scrutinizing OpenAI's practices in developing and operating its AI chatbot platform.
CanadaPrivacy
Aird & Berlis LLP
Aird & Berlis LLP
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Nouvelles règles québécoises sur l’échange des permis de conduire de véhicules lourds : quelles sont les mesures à prendre par les transporteurs ontariens

Ontario truck drivers with less than two years of commercial heavy vehicle experience must now pass a practical road test administered by Quebec's SAAQ before exchanging their license to drive commercial heavy vehicles in the province. This new requirement follows a series of collisions involving heavy trucks in Quebec and a May 2026 audit revealing significant gaps in Ontario's training standards and oversight of providers. Carriers operating across the Ontario-Quebec border must now factor these requireme
CanadaTransport
Miller Thomson
Miller Thomson
Article

Canada’s Revised AML Framework: Sweeping Penalties And Compliance Requirements

Bill C-12 has fundamentally transformed Canada's anti-money laundering framework by introducing penalties up to forty times higher than previous levels and expanding compliance obligations across the financial sector. The legislation now requires all reporting entities to enroll with FINTRAC and maintain "reasonably designed, risk-based and effective" compliance programs, while imposing cumulative maximum penalties that can reach 3% of global revenue.
CanadaFinance and Banking
Miller Thomson
Miller Thomson