If your website collects any personal information, you are required by law in Canada to have a Privacy Policy. Personal information is defined as any information about an identifiable individual, including but not limited to their name and email address.

If your Canadian website collects personal information from users and does not have a Privacy Policy, you can face significant penalties. Most fines levied under the CPPA are up to 3 percent of a company’s total global revenue for the previous year, or $10 million (whichever is greater).

If you ever intend to sell your business and have not complied with privacy laws, due diligence will capture this item and potentially derail the deal (we’ve seen this happen!).

No, a terms and conditions page is not legally required in Canada. However, it’s strongly recommended that businesses of any type have a terms and conditions page to protect themselves online and set out rules for the visitors of their website.

Without terms and conditions, your business may lack recourse against users who misuse or abuse your website. Your business may also be held liable for any errors or misinformation on your website.

While writing your own Privacy Policy and Terms of Use pages is possible, we recommend seeking professional legal advice to ensure that the terms are properly tailored to your business and protect you from any potential harm or liability. Additionally, seeking legal counsel will ensure that your Privacy Policy adheres to the CPPA (Canada’s Consumer Privacy Protection Act) and properly details your respective privacy obligations.