The European Union's General Data Protection Regulation
(GDPR) came into force on May 25, 2018. To assist Canadian
organizations with their potential compliance efforts with respect
to this legislation, the following is intended to provide a
non-exhaustive, high-level comparison between the consent
provisions of:
- the GDPR;
- Canada's Personal Information
Protection and Electronic Documents Act (PIPEDA);
- the Personal Information Protection
Acts of Alberta and British Columbia (collectively, the PIPAs);
and
- Canada's Anti-Spam Legislation
(widely known as CASL).
While there are important nuances to each of these regulatory
frameworks, they broadly draw on fair information practices that
result in substantial commonality among them. In fact, a number of
elements in Canadian private sector privacy law, especially in the
PIPAs, have anticipated some provisions in the GDPR.