DAAC Statement on the Canadian AdChoices Program and Quebec’s Law 25 Amendments

The Digital Advertising Alliance of Canada (DAAC) recognizes the critical role of Quebec’s Law 25 in strengthening privacy protections for Quebec residents. Law 25, an act that amends several existing provincial laws, significantly modernizes Quebec’s privacy framework, notably amending the Private Sector Act, which respects the protection of personal information in the private sector and related statutes within that jurisdiction.

The DAAC’s AdChoices program is an industry-leading initiative that engenders consumers with greater transparency, choice, and control over interest-based advertising. Many of the program’s core principles align closely with the enhanced privacy protections introduced through the Law 25 amendments.

What is the AdChoices Program?

The AdChoices program is designed to give consumers more control over interest-based ads they receive by providing transparency about how their data is collected and used for targeted advertising. When consumers see the AdChoices icon on ads, they can click on it to learn who is responsible for the ad and manage their advertising preferences.

The program’s emphasis on transparency and raising public awareness about this data activity makes it a valuable tool for organizations operating in Quebec under the updated legal framework.

 

How AdChoices Can Help Support Compliance with Quebec’s Law 25 Amendments

While AdChoices is not a legal compliance framework, it is a self-regulatory program designed to align with various Canadian laws and provide your business with tools to assist with multiple compliance efforts. We firmly believe our program is an excellent addition to your more robust privacy toolkit, as it provides privacy-focused best practices for interest-based advertising activities.

The AdChoices program offers several features that can support an organization’s efforts in meeting the updated obligations introduced by Law 25, particularly in the areas of transparency and consumer control:

  • Transparency and Right to Information (Sections 7, 8, 8.1, 12, 12.1, 17 of the Private Sector Act): Law 25 emphasizes transparency in how personal information is handled. The AdChoices icon and accompanying disclosures provide consumers with direct information about who is collecting their data and for what purposes, supporting organizations’ transparency obligations.

  • Right to Withdraw Consent (Sections 8, 22): Consumers have the right to withdraw their consent at any time. The AdChoices program enables consumers to easily opt out of interest-based advertising, aligning with their right to do so.

  • Purpose Limitation (Sections 4-7): While AdChoices primarily focuses on transparency and control, it also encourages best practices in data handling, supporting broader compliance with purpose limitation and data minimization rules.

  • Sensitive Personal Information (Sections 4.1, 12, 14): The AdChoices Principles stipulate that participants should not collect or use sensitive personal information without express consent and should not target children under the age of 13 (Law 25 requires parental consent for the collection of information from a person under 14).

 

Create a Privacy-Focused Team Internally

Law 25 is much larger in scope than just interest-based advertising. While the AdChoices program is a valuable tool for facilitating compliance with certain aspects of the Law 25 amendments, full compliance requires a holistic approach to privacy and data protection.

The DAAC recommends that organizations appoint a dedicated team or a privacy lead to oversee compliance with the full set of legal obligations, not just for Law 25 in Quebec, but also Canada’s federal data privacy law, PIPEDA, and other provincial and territorial requirements. Pay special attention to provisions related to security safeguards, accountability, data retention, sensitive personal information and privacy impact assessments.

 

Committed to Collaboration

The DAAC remains committed to reviewing, and where appropriate, aligning the AdChoices program with any future guidance released by the Commission d’accès à l’information (CAI), Quebec’s privacy regulator. We will continue to work closely with industry stakeholders to ensure that consumer privacy is respected under our longstanding program.

 

For more information on how the AdChoices program can support your organization, please contact us at info@daac.ca.

 

DAACQuebec, Law 25, legislation, regulations, AdChoices