Canada. Comprehensive data protection. Act
PIPEDAPersonal Information Protection and Electronic Documents Act (PIPEDA)
§1Summary
- Synopsis
Federal private-sector privacy law built around ten fair information principles (accountability, consent, limiting collection, etc.). It covers personal information handled in the course of commercial activity across Canada, plus employee data of federally regulated businesses, except where a provincial law has been declared substantially similar.
- Key themes
- Unique features
Principles-based and consent-centric rather than lawful-basis driven; the OPC is an ombudsman without order-making or fining powers, with enforcement via Federal Court applications. Transfers to service providers abroad are treated as a 'use' requiring accountability and transparency, not consent.
- SaaS relevance
Any SaaS provider collecting Canadians' personal information in commercial activity with a real and substantial connection to Canada is covered, including foreign providers.
§2Obligations
- Extraterritorial
- Yes
- Breach notification
- OPC and individuals as soon as feasible where real risk of significant harm (RROSH); record all breaches 24 months
- DPO
- Yes
- Cross-border transfers
- No restriction; accountability via contracts and notice to individuals
- Maximum penalty
- CAD 100,000 per offence (breach reporting/record-keeping, obstruction)
§3Dates
- Key dates
- Adopted
- In force
- Phased: federal works 2001; all commercial activity in provinces without substantially similar law from 2004-01-01; Digital Privacy Act 2015 amendments; mandatory breach reporting from 2018-11-01. Bill C-36 (tabled 2026-06-15) would repeal Part 1.
§4Text and authority
- Text
- Authoritative text laws-lois.justice.gc.ca
- Authority
- Office of the Privacy Commissioner of Canada (OPC)
§5Where it applies
- Domestic law of
- Canada
- Also applies in
§6Sources and verification
- Sources consulted
- Verification
High confidence.
DPO = 'designated individual accountable' under Principle 4.1. EU adequacy (2001 decision) covers PIPEDA commercial organisations only; reaffirmed in Commission's January 2024 review. Bill C-36 pending.