Privacy Laws for Marketers: CASL, PIPEDA, Quebec Law 25 and GDPR

Marketing runs on data: email lists, website tracking, customer records, ad audiences. That makes marketing privacy laws in Canada essential knowledge for any growing business, especially one selling across provinces or borders. Here's a plain-language overview. It's general information, not legal advice.

This guide is part of our international expansion series.

Canada's key rules

CASL (Canada's Anti-Spam Legislation)

Applies to commercial electronic messages: emails, texts, some social direct messages.

• Consent: express consent is the safest basis; implied consent applies only in specific situations and time frames (such as recent purchases or enquiries)
• Identification: clearly identify your business and provide contact information
• Unsubscribe: a working mechanism in every message, honoured promptly
• Records: keep proof of consent

Penalties can be significant. See email marketing and lead nurturing.

PIPEDA

The federal law covering how private-sector organizations collect, use and disclose personal information in commercial activities in most provinces. Core principles include meaningful consent, limiting collection to what's needed, safeguarding data and allowing people to access their information.

Provincial laws

Alberta and British Columbia have their own private-sector privacy acts that apply to organizations operating in those provinces, and Quebec has its own law (below).

Quebec's Law 25

Quebec's modernized privacy law, phased in between 2022 and 2024, adds stricter requirements, including:

• A person responsible for protecting personal information
• Privacy impact assessments in certain situations
• Clear, specific consent
• Technologies that can identify, locate or profile people must be off by default, with users informed
• Rules on transferring data outside Quebec

This affects cookies, tracking pixels and ad audiences on sites serving Quebec residents.

Federal reform in progress

The federal government has repeatedly tried to replace PIPEDA with a modernized law. The latest attempt, Bill C-36, was introduced in 2026. Until a new law is passed and in force, PIPEDA applies. Watch for changes.

Beyond Canada

Jurisdiction	Key points for marketers
European Union (GDPR)	Applies if you target or monitor people in the EU; strict consent, rights and data transfer rules
United Kingdom	UK GDPR and electronic marketing rules similar to the EU
United States	No single federal privacy law; several states have their own (such as California); CAN-SPAM for email (opt-out model); FTC rules on deceptive practices and endorsements
Other markets	Many countries have their own data protection laws; check before launching

See expanding to the U.S. and regulatory considerations.

Practical steps for marketers

1. Map your data: what you collect, why, where it's stored, who can access it
2. Update your privacy policy in plain language
3. Use a consent tool for cookies and tracking where required
4. Record email and text consent properly
5. Limit collection to what you need
6. Secure your tools: CRM, email platform, analytics (CRM)
7. Check vendors: where do your tools store data?
8. Appoint a privacy lead and train your team
9. Have a breach response plan (crisis communications)

Privacy-friendly marketing still works

First-party data (information customers share with you directly, with consent) is more valuable and more durable than third-party data. Build it through newsletters, loyalty programs and useful tools (loyalty programs, interactive content). Offline channels like radio, TV, billboards and PR reach people without personal data at all. See privacy-safe measurement of offline ads.

Get advice

Privacy law is complex and changing. For anything significant, especially Quebec, the EU or sensitive data, consult a privacy lawyer.