CPPA Archives

CPPA
Privacy

CPPA: summary and criticisms

AIDA - Regulation of AI systems in Canada

Canada’s new proposed privacy law, the CPPA, would be a major overhaul of PIPEDA. The draft law is designed to deal with new challenges of protecting personal information arising from major increases in the collection, use and disclosure of personal information and it uses in AI systems, IOT, big data analytics, and as part of many other technologies and processes. While the law is intended to balance the interests of individuals in their reasonable expectations of privacy and the legitimate interests of organizations, it falls short in many ways.…

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Crestview panel on what the CPPA means for Canadians

I had the pleasure of participating today in a Crestview moderated panel that focused on what the CPPA means for Canadians. I was joined by Jackie Choquette, Interim Practice Lead, Government Relations, Crestview Strategy, Sarina Rehal, Vice President, Crestview Strategy, and Bill Abbott, Director Data Policy and Research, Data & Trust Office, TELUS.

You can view a recording of the Crestview moderated panel below:

If you just want to see the slides used at the Crestview moderated panel, they are below:…

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CPPA

Liability under the CPPA

The headlines about the new proposed federal privacy law, the Consumer Privacy Protection Act (“CPPA”), frequently focus on the extremely high penalties and fines for non-compliance. But, these headline miss by a wide margin how onerous liability under the CPPA will be.

The liability under the CPPA will be a major departure from the PIPEDA regime. The changes are explained in the detailed blog post, The CPPA’s Privacy Law Enforcement Regime published by McCarthy Tetrault lawyers Gillian Kerr, Nikiforos Iatrou, Pippa Leslie and I (with help from Daanish Pasricha).…

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Top legal developments in e-commerce, privacy and intellectual property

Despite COVID-19, 2020 was an eventful year, chock full of impactful legal developments in e-commerce, technology, privacy, anti-spam, and intellectual property law. Here is a summary of my picks for the top legal developments.

e-commerce

Standard form online agreements and unconscionability

Online and in-App agreements are typically presented to users as “standard form”, “take it or leave it”, “boiler plate” forms. Most common are some variation of a “click-wrap”, “sign-in wrap”, or “browsewrap” agreement. They are used pervasively on websites and on Apps, among other locations.…

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Trade in Intangibles and impacts of the CPPA on small business

I had the pleasure of participating in a virtual roundtable earlier today hosted by The Center for International Governance Innovation (CIGI), an independent, non-partisan think tank. It was organized at the request of Minister Mary Ng, the Federal Minister of Small Business, Export Promotion and International Trade and moderated by Rohinton Medhora, CIGI’s President. One major focus of my remarks was on the impacts of the CPPA on small business.

The roundtable had three main topics:

1. Digital trade: Covid-19 economic recovery and Canadian businesses

2.…

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CPPA: transfers of personal information to service providers

The Consumer Privacy Protection Act (CPPA) will make substantial changes to Canada’s privacy law. As noted previously, the bill includes many of the provisions in the Personal Information Protection and Electronic Documents Act (PIPEDA), plus a lot more. In some cases, it builds on the provisions of PIPEDA, on the guidance and decisions of the Commissioner, but includes changes designed either to clarify or change the law. A case in point are the very important new provisions which address transfers of personal information to service providers.…

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