Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)

PIPEDA Compliance Service

Privacy Officer Services

An organization is responsible for personal information under its control, and it must appoint someone to be accountable for PIPEDA compliance. VeraSafe can serve as your designated Privacy Officer under PIPEDA, managing your organization’s compliance framework and ensuring ongoing alignment with Canada’s privacy requirements.

Applicability and Gap Assessment

VeraSafe offers robust applicability and gap assessments to help determine your organization’s obligations under PIPEDA based on the nature of your commercial activities, geographic presence, and data processing practices. We evaluate your existing privacy framework, identify deficiencies against the ten PIPEDA principles, and provide a prioritized remediation roadmap. Whether you’re newly subject to PIPEDA or looking to confirm the sufficiency of your current program, our assessments establish a strong compliance foundation while aligning with your operational risk profile and sector-specific requirements.

Data Mapping

We can assess your organization’s practices for managing personal information to ensure they align with the principles outlined in PIPEDA. This includes verifying the accuracy of the data you collect, ensuring proper treatment of sensitive information, and safeguarding personal data in accordance with PIPEDA’s security provisions.

Transparency and Privacy Policy Review

VeraSafe can review and update your organization’s privacy policies to ensure they meet the act’s transparency requirements. We ensure that your policies reflect clear information on data collection practices, including the purposes for which data is collected and the parties with whom it is shared. Our services also extend to crafting clear consent mechanisms that align with PIPEDA’s requirements for processing personal data.

Risk Assessments

VeraSafe can support your organization in conducting risk and impact assessments. We can help identify potential risks, evaluate mitigation strategies, and ensure compliance, accountability, and governance obligations.

Penetration Testing

PIPEDA requires organizations to take reasonable steps to protect personal information from misuse, interference, loss, and unauthorized access or disclosure. This includes conducting regular security audits and testing. VeraSafe conducts penetration testing exercises that simulate cyberattack scenarios and provides post-incident reviews and recommendations to support continuous improvement.

Consent Management and Notice Requirements

PIPEDA highlights the need for clear and informed consent for the collection and use of personal data. VeraSafe can help design consent frameworks that meet legal requirements while maintaining user trust.

Data Breach Notification

Organizations subject to PIPEDA are required to report any breach or security incident involving personal information to the Office of the Privacy Commissioner (OPC) if it is likely to create a real risk of significant harm to an individual. VeraSafe can help your organization establish a PIPEDA-compliant breach response plan, ensuring timely notification to regulators and affected individuals when required. We can assist in risk assessment, reporting, and implementing preventive measures.

Data Subject Rights Management

Individuals have a right to be informed of the use and disclosure of their personal information and to receive access to such information. VeraSafe can help your organization implement procedures for managing data subject requests (DSRs), ensuring that all requests are processed promptly and in compliance with legal timelines. We guide you in creating workflows for data subject access, rectification, and erasure requests, as well as handling objections to data processing.

Vendor Risk Management and Contractual Safeguards

Under PIPEDA’s Accountability Principle, organizations remain responsible for personal information transferred to third-party service providers, including those outside of Canada. VeraSafe supports your organization in implementing a robust vendor risk management program that evaluates privacy and security practices across your supply chain. We help you assess vendor compliance, and draft and review privacy-related contractual provisions. Our services ensure that your vendor relationships are governed by legally sound and PIPEDA-aligned agreements that mitigate privacy risk and reinforce your organization’s accountability.

Employee Training and Awareness Programs

A strong compliance program requires an informed workforce. VeraSafe offers tailored training programs to educate employees on PIPEDA requirements and best practices for data protection.

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Contact VeraSafe to discuss a customized PIPEDA compliance strategy for your organization.

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FAQs

What is PIPEDA?

PIPEDA is Canada’s federal privacy law for private-sector organizations. It governs how businesses collect, use, and disclose personal information in the course of commercial activities. The law is built on ten fair information principles and gives individuals rights such as access to and correction of their personal data. Organizations must obtain meaningful consent before collecting personal information and comply with strict data breach notification rules.

Who does PIPEDA apply to?

PIPEDA applies to private-sector organizations that handle the personal information of Canadian residents for commercial purposes. However, it does not apply in every situation. For example, it excludes personal information used solely for personal or journalistic purposes, employee records handled under certain provincial laws, and information processed by federal government institutions, which are covered under the Privacy Act.

What are the penalties for non-compliance with PIPEDA?

In cases of serious or repeated non-compliance, the OPC may seek judicial remedies, including seeking an injunction or applying to the Federal Court for a declaration or an order. The Federal Court can impose fines for non-compliance with its orders, with penalties potentially reaching up to CAD 100,000 for individuals and CAD 10,000,000 for organizations.

What constitutes commercial activities under PIPEDA?

Under PIPEDA, “commercial activity” is defined as any particular transaction, act, or conduct, or any regular course of conduct that is of a commercial character. This includes activities such as the selling, bartering, or leasing of donor, membership, or other fundraising lists.

Matthew Joseph

CIPP/E, CIPP/US, CIPM, FIP

Managing Director

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Jim Cormier

CIPP/E, CIPM, FIP

Senior Vice President and Head of Professional Services