November 13, 2024
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5 min read
We know how important it is to have a powerful website and how crucial privacy is to your online customers.
The rise of privacy concerns online has increased the demand for information security and consent for information collection. (And that includes your organization’s website)
Does your website have the following?
All of these tools and forms collect information from your website users. This information, whether payment information, IP addresses, or names and contact details, is protected by privacy policies that you must comply with.
Best practice web privacy policies and design can be daunting and overwhelming… that’s why we’re here to help! Spark & Pony is a web design agency that builds beautiful, secure websites for clients across North America..
This guide will break down some helpful privacy legislation that you need to be aware of as a Canadian website owner, like the importance of a privacy policy, best practice web privacy standards, best practice web design standards, and some helpful tools to assist you on your journey to compliance.
Privacy Legislation in Canada
Best Practice Web Privacy Standards
Privacy laws exist in most countries today when personal information and data are collected on a website. You could face serious legal or financial consequences if a website hack or incorrectly stored information leads to a breach.
So, what does your website need to comply with? Let’s learn more about best practices for web privacy in Canada, starting with Canadian privacy legislation.
Canada’s primary privacy law is the Personal Information Protection and Electronic Documents Act (PIPEDA). This rulebook outlines how for-profit businesses can collect, use and share personal information, especially through websites. PIPEDA also applies to federally run companies like banks, telecommunication companies and airlines.
Other countries have their own privacy laws, like the General Data Protection Regulation (GDPR) from the European Union or the California Consumer Privacy Act (CPPA) in the USA.
It’s important to note that even if your business is run in Canada, your users may visit your website from other countries. Remember, your website and privacy policy must comply with their regulations as well! Fines can reach $100,000 for companies that knowingly break PIPEDA regulations! (It's not fun.)
PIPEDA defines personal information as ‘personal information (that) includes any factual or subjective information, recorded or not’ about an identifiable individual.’
This can include:
PIPEDA applies to private sector organizations (like many small businesses across Canada) that hold personal information and conduct business in:
Are you operating a business in Nunavut, Yukon or Northwest Territories? These organizations are considered federally regulated and covered by PIPEDA rules. (Federally regulated businesses, like banks, are always regulated by PIPEDA)
Are you operating a business in Quebec, Alberta, or British Columbia? These provinces have their own privacy laws that govern their private sector, very similar to PIPEDA. However, if personal information held by the business crosses provincial or national borders, PIPEDA also applies.
Alberta - Personal Information Protection Act (PIPA)
British Columbia - Personal Information Protection Act
Quebec - Act Respecting the Protection of Personal Information in the Private Sector
What if I operate in Alberta but have online customers across Canada? According to the Office of the Privacy Commissioner of Canada, when more than one law applies, you must comply with both. This means that your privacy policy and web design choices must comply with both Alberta’s privacy laws AND the regulations stated by PIPEDA.
If you need help understanding privacy compliance and web design, our team is here to help. We create functional and beautiful websites that are built with privacy in mind. Get in touch with us here to chat further!
Canada takes personal information rights very seriously, and a new bill poised to replace and improve PIPEDA is here. This is where we meet Bill C-27!
Bill C-27 will take a more aggressive approach to consent requirements, security measures, penalties and fines for non-compliance, and transparency. This ensures businesses store information appropriately and cannot sell precious personal information to malicious third parties without repercussions.
This proposed bill is made of three separate laws:
Learn more about the proposed Bill C-27 here.
Now that we know the current privacy laws in Canada let’s review the best practice standards you should implement in your business.
One of the first things you should do is implement a privacy policy on your website!
You may have heard the term ‘privacy policy’ before, but did you know that your website is legally required to have one?
A privacy policy outlines how your company uses personal information and should be easily accessible and easy for users to find.
A good privacy policy should include answers to the following questions:
Standard practice is to include your business’s privacy policy in the footer of your website, where users can easily access it.
Also Read: Alberta Privacy Policy: What You Need To Know
Budgets may be tight, and small business owners may be handling multiple roles independently. We get it: You may not have the funds to have a lawyer draw up an extensive privacy policy. Luckily, we have some tools to help.
WebsitePolicies: Privacy Policy
This tool allows you to create a personalized privacy policy that is compliant with PIPEDA, GDPR, CCPA + CPRA, CalOPPA and other data privacy laws. Plans start from $59-$139 USD yearly.
GetTerms: Privacy Policy Generator
A popular choice - this site has been used by countless businesses ranging from SaaS apps to blogs for legal policies. Craft a privacy policy seamlessly and integrate it with your website. Plans start from $49-$69 USD yearly or $149-$199 USD for life.
LawDepot: Free Website Privacy Policy
These easy-to-use templates are created by legal representatives, and with a 7-day trial subscription, it’s a great cost alternative to get you started! You can also access a host of free business and employment forms to help you stay compliant in all areas of business.
Believe it or not, your web design can make you more compliant with privacy laws. More and more people are becoming aware of privacy issues online and feel suspicious of insecure websites. In fact, 52% of Americans said they will not use a website they believe has privacy issues.
Website design is more than just a homepage with brand colours… it’s everything about how your website appears to your audience.
How website design can help keep you compliant:
Want to make sure your website is compliant AND accessible?
Read Web Accessibility: Why it Matters in Canada in 2024
Spark and Pony combines 34+ years of experience creating beautiful digital products and meaningful brands. As a web design agency, we know how important it is to have an effective and compliant website in today’s age.
Transparency is the future. Customers want to know what is being done with their personal information and feel safe trusting businesses with their data. That’s why website design and digital marketing privacy compliance are crucial.
If your customers trust you and know what is being done with their data, they are more likely to continue doing business with you and using your website and services. Compliance with Canadian privacy laws will not only help you avoid costly fines and business fallout, but it will also give you a competitive edge over your competitors.
Let 2025 be the year you take online privacy seriously. Your business and customers will thank you for it.
Are you searching for website design, strategic branding, blogging or visual design services? Explore our extensive portfolio here.
Read more articles about website design, branding strategy and crafting your business’ online presence here.
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