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Online Footprints: Cookie Laws In Canada And The USA

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A Guide on Online Footprints: Cookie Laws in Canada & The USA

More often than not, we now see websites popping up with a message saying, “This website uses cookies…” and options to accept, reject or manage them. With regard to privacy and security, cookie consent has become a major cause of concern for business owners and users. This article discusses cookies and cookie laws in Canada and the USA.
What Are Cookies & How Do They Work?

Cookies are text files containing small pieces of user data sent to your browser by any website you visit. These work on tracking your activities and preferences, aiming to make the whole experience more fulfilling for both the site and the user. While most cookies are generally safe, some of them may be used …show more content…

A cookie law refers to a set of guidelines that websites need to follow while using cookies. These cookies are normally used to track website visitors and their browsing habits, based on which the site seeks to provide a better user experience. However, not all users are open to being tracked on their online activities and preferences, which is a major cause of concern related to the invasion of privacy. This is why specific laws governing the usage of websites and tracking were created.

Cookie laws prevent websites from storing cookies without informing users or receiving their consent. The primary reason for introducing these laws was to protect the privacy of users and also to prevent cookie-collected information from being misused. The GDPR (General Data Protection Regulation), passed by the EU (European Union), is the most strict privacy & security law.
Cookie Law in Canada

While Canada’s laws for cookie consent are not as tough as the GDPR, there are certain regulations binding the use of cookies for websites. These regulations guarantee the user’s right to privacy. Canada’s two main privacy laws include PIPEDA and …show more content…

Based on PIPEDA and CASL, it is given that websites must provide clear and precise information on cookies before collecting them. There must also be a provision for users to withdraw their consent to cookies.
Cookie Law in The USA
COPPA (Children’s Online Privacy Protection Act) is a federal law in the USA regulating the use of cookies. This law places strict restrictions on website activities and online services collecting personal data from children below 13 years old. COPPA requires websites to obtain verifiable parental consent prior to collecting personal data from children under 13.

Besides this, there are no other federal laws as such governing the use of cookies in the US and essentially, there is no cookie consent required. However, there are state-level laws like the CCPA (California Consumer Privacy Act) and the Virginia CDPA (Consumer Data Protection Act) that consider cookies as personal data.
CCPA
California Consumer Privacy Act is a data protection law regulating the use of Californian residents' personal information (PI) by global businesses. This state-wide regulation applies to any for-profit business, irrespective of its global location, that obtains and processes PI of California

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