Canada: Adopted Guidelines on Criteria for Validity of Consent

On 31 October 2023, the Quebec Commission on Access to Information (CAI) published the final Guidelines on Criteria for Validity of Consent, based on the provisions of Bill 25. The guidelines clarify the obligations of data controllers and processors regarding obtaining consent from data subjects. The guidelines set out the parameters of each criterion of effective consent, including the requirements that consent be free, clear, and specific. The guidelines emphasise the importance of obtaining explicit consent for collecting and using personal information and providing clear opt-out options to prevent implicit consent through inactivity.