Internet and Privacy Lawyers for Canadian Businesses in the Digital Economy

The internet has fundamentally changed the legal landscape for Canadian businesses. Every business that operates online — whether through an e-commerce store, a SaaS platform, a content business, a social media presence, or a digital agency — is subject to a growing body of internet and privacy law that governs how it communicates, contracts, collects data, and conducts commerce online. Internet and privacy law in Canada spans multiple federal and provincial statutes, common law principles, and international frameworks that apply based on where a business operates and where its customers are located. At DOBRMAN, we help Canadian businesses build internet and privacy compliance programs that are practical, accurate, and designed for the realities of the digital economy.

Key Legal Concepts

Electronic Contracts and Online Agreements. Internet and privacy law recognizes that contracts can be formed electronically. In Canada, electronic contracts — including website terms of service, online sales contracts, license agreements, and clickwrap agreements — are legally binding, provided the essential elements of a valid contract are present. The enforceability of online agreements depends on how they are presented, how agreement or consent is obtained, and whether the terms are sufficiently brought to the attention of the user. Poorly structured internet agreements are one of the most common sources of legal vulnerability for online businesses.

Personal Information and Consent. At the core of Canadian internet and privacy law is the concept of personal information — any information about an identifiable individual. Canadian privacy legislation generally requires that organizations obtain meaningful consent before collecting, using, or disclosing personal information, and that they use it only for the purposes for which consent was given. Understanding what constitutes personal information and when consent is required is the foundation of any internet and privacy law compliance program.

Domain Names and Online Identity. A domain name is a critical internet asset for any business operating online. In Canada, disputes over domain names that incorporate another party’s trademark are resolved through the Canadian Internet Registration Authority’s Dispute Resolution Policy (CDRP) for .ca domains, and through the Uniform Domain Name Dispute Resolution Policy (UDRP) for generic top-level domains. Internet businesses need to protect their online identity proactively to avoid costly disputes.

Online Defamation. Defamatory statements published through internet channels — including websites, social media platforms, review sites, and online forums — are governed by Canadian defamation law. Internet defamation raises unique jurisdictional questions, as content published online can be accessed and cause harm across multiple jurisdictions simultaneously.

Online Data Breaches. Canadian internet and privacy law — at both the federal and provincial levels — requires organizations to report certain data breaches to regulators and notify affected individuals. Having an incident response plan in place can be crucial to successfully navigate a risky and compromising data breach situation. Understanding when a breach triggers notification obligations, and what those obligations require, is a critical part of operating a compliant internet business.

Cross-Border Data Transfers. Internet businesses frequently transfer personal information across provincial and national borders — through cloud services, third-party vendors, and international operations. Each transfer may trigger additional compliance obligations depending on where the data originates and where it is sent.

Relevant Canadian Laws & Frameworks

Personal Information Protection and Electronic Documents Act (PIPEDA), SC 2000, c 5 — Canada’s federal private sector privacy law, governing the collection, use, and disclosure of personal information in commercial activities across most of Canada.

Personal Information Protection Act (PIPA), SA 2003, c P-6.5 — Alberta’s private sector privacy legislation, which applies in place of PIPEDA for provincially regulated organizations operating in Alberta.

Act respecting the protection of personal information in the private sector, CQLR c P-39.1 — Quebec’s private sector privacy legislation, substantially modernized by Law 25 to introduce GDPR-aligned requirements including privacy impact assessments, mandatory privacy officers, and data portability rights.

Canada’s Anti-Spam Legislation (CASL), SC 2010, c 23 — Governs commercial electronic messages, including email marketing, push notifications, and other forms of electronic communication to Canadian recipients. One of the strictest anti-spam regimes in the world.

Competition Act, RSC 1985, c C-34 — Contains provisions governing deceptive online marketing practices, misleading representations, and other commercial conduct relevant to internet businesses.

Copyright Act, RSC 1985, c C-42 — Governs the protection and enforcement of copyright in digital content, including online publications, software, and multimedia works distributed over the internet.

Trademarks Act, RSC 1985, c T-13 — Governs the registration and protection of trademarks, including in the context of domain name disputes and online brand use.

Guidance for Specific Jurisdictions

Quebec. Quebec’s Law 25 is the most stringent private sector privacy law in Canada and is now fully in force. It applies to any organization that collects, holds, uses, or communicates the personal information of Quebec residents — regardless of where that organization is located. Key requirements include the appointment of a privacy officer, mandatory privacy impact assessments for certain activities, opt-in consent for cookies and tracking technologies, data breach notification obligations, and data portability rights. Penalties for non-compliance are among the highest of any Canadian privacy regime, and the law includes a private right of action for individuals.

California. Canadian internet businesses that collect personal information from California residents may be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These laws grant California residents rights over their personal information — including the right to know, delete, correct, and opt out of certain uses — and impose obligations on businesses that meet defined thresholds for revenue, data volume, or commercial data sharing. Internet businesses with a significant California customer base need to assess their exposure under this framework.

Europe and the United Kingdom. The European Union’s General Data Protection Regulation (GDPR) and the United Kingdom’s UK GDPR apply to any organization that offers goods or services to individuals in the EU or UK, or that monitors their behaviour — regardless of where the organization is based. Canadian internet businesses selling to European or UK customers are subject to these frameworks. The GDPR and UK GDPR impose comprehensive obligations including lawful basis for processing, data subject rights, privacy notices, data processing agreements, and cross-border transfer mechanisms.

Common Legal Issues

Non-Compliant or Absent Website Agreements. Internet businesses are required to have legally compliant terms of service, privacy policies, and — in many cases — cookie consent mechanisms. Absent or inadequate internet agreements expose businesses to regulatory risk and undermine their ability to enforce their rights against users and third parties.

CASL Compliance Failures. Canada’s Anti-Spam Legislation is among the most stringent anti-spam regimes in the world, with penalties reaching $10 million for corporations. Internet businesses that send commercial electronic messages without proper consent, identification, or unsubscribe mechanisms are exposed to significant regulatory liability under CASL.

Domain Name and Online Brand Disputes. Internet businesses that fail to secure and protect their domain names and online brand identity can find themselves in disputes with bad-faith registrants, competitors, or trademark owners. Resolving domain name disputes through the CDRP or UDRP processes requires a working knowledge of both internet law and trademark law.

Data Breach Response. When a data breach occurs, internet businesses face immediate obligations under Canadian privacy legislation — including assessing the risk of harm, notifying affected individuals, and reporting to regulators within defined timeframes. Managing a data breach response correctly is a time-sensitive legal matter with significant reputational and regulatory consequences.

Cross-Border Privacy Compliance. Internet businesses that serve customers in multiple jurisdictions — including Quebec, the United States, and Europe — must navigate overlapping and sometimes inconsistent privacy law obligations. Building a compliance program that addresses all applicable internet and privacy law frameworks is a core legal challenge for any business operating online across borders.

Frequently Asked Questions

What does an internet and privacy lawyer do? An internet and privacy lawyer assists businesses operating in the digital economy with the legal obligations that arise from their online activities — including privacy compliance, website agreements, data breach response, and cross-border data transfers. An internet and privacy lawyer helps businesses understand how Canadian and international privacy law applies to their operations, drafts and reviews privacy policies, terms of service, and data processing agreements, and advises on compliance with CASL, PIPEDA, Quebec’s Law 25, the GDPR, and other applicable frameworks. At DOBRMAN, our internet and privacy practice is focused on helping Canadian businesses build practical compliance programs that reflect the realities of operating in the digital economy.

Does my Canadian internet business need a privacy policy? Under Canadian internet and privacy law — including PIPEDA and Alberta’s PIPA — organizations are required to make their privacy policies available to individuals upon request. Quebec’s Law 25 requires that any organization collecting personal information through technological means publish a publicly accessible privacy policy. A clearly written, publicly accessible privacy policy is a fundamental internet and privacy compliance requirement for any Canadian business operating online.

What is a terms of service agreement and does my website need one? A terms of service agreement is a legally binding contract between an internet business and its users that governs the terms on which the business’s products, services, or platform may be accessed and used. While Canadian law does not universally mandate a terms of service agreement, it is a fundamental internet and privacy law document that protects a business’s rights, limits its liability, and establishes the rules governing its relationship with users.

What is CASL and does it apply to my internet business? CASL applies to any commercial electronic message — including emails, text messages, and certain push notifications — sent to or from a Canadian electronic address. Organizations that send commercial electronic messages to Canadian recipients must generally obtain express or implied consent, identify themselves clearly, and provide a functioning unsubscribe mechanism. CASL applies regardless of where the sender is located and carries some of the highest penalties of any internet law in Canada.

Does my Canadian internet business need to comply with the GDPR? The GDPR applies to Canadian internet businesses that offer goods or services to individuals in the European Union or the United Kingdom, or that monitor the behaviour of individuals in those jurisdictions. If your internet business has EU or UK customers, GDPR compliance obligations are likely to apply regardless of where your business is based.

Can my internet business be held liable for content posted by its users? Canadian internet and privacy law does not provide internet businesses with the same broad immunity from liability for user-generated content that exists under legislation in the United States. Whether an internet business can be held liable for content posted by its users depends on a range of factors including the nature of the platform, the degree of editorial control exercised, and the applicable legal framework. This is an evolving area of Canadian internet law.