Last week, the Office of the Privacy Commissioner of Canada (OPC) released its Children’s Privacy Code (the Code), providing non-binding guidance that organizations should consider when collecting, using, and disclosing children’s personal information. The Code remains open for public comment until January 20, 2027. The Code has significant implications for social media and other platforms, and for the retail (including financial services and loyalty), videogame, and edtech industries.
Businesses should consider whether they are captured by the Code, and if so, review their practices, considering the following from the Code:
The Children’s Privacy Code was developed following public consultation and engagement with young Canadians, including the OPC’s Youth Council. It sets out a series of “expectations” that organizations should consider when handling children’s personal information.
The OPC states that the Code builds on the Personal Information Protection and Electronic Documents Act (PIPEDA) by interpreting how its protections apply to children. While non-binding, organizations can expect the Code to inform OPC expectations in its enforcement activity.
The Code applies to organizations with online services “directed at children” or “likely to be accessed by children”. Services may be “directed at children” when the subject matter is of interest to or designed for children, the service is marketed to children or their parents, and/or where children make up a significant portion of an organization’s user base.
Services “likely to be accessed by children” are those with a reasonable probability of child access, even if children are not the primary target. Relevant factors include whether (i) research indicates that children are in the user base; (ii) third-party advertisers target children on the service; (iii) the service’s content, design, and activities appeal to children; and (iv) children are known to access similar services. Organizations that conclude a service is out of scope should document that decision and its rationale.
Obligations under the Code depend on an organization’s assessment of the risk that its services pose to children’s privacy, considering (i) the nature of the service; (ii) its intended audience; (iii) children’s expected engagement; (iv) the types and sensitivity of personal information collected; and (v) the likelihood and severity of harm if information is mishandled.
For example, the Code treats social media services with direct messaging and location sharing as “high risk” and browsing a retail website as “low risk”.
The Code defines children as anyone under the age of 18; however, it expressly recognizes their evolving capacity and notes that practices should be calibrated to reflect children’s developmental stages.
The Code also recognizes children’s autonomy over their privacy. For children 13 and older, the child’s own consent may be required where they can understand what they are consenting to, although parental awareness may be required, depending on the service’s risk. Blanket parental consent for lower-risk services for children 13 and older may therefore no longer be sufficient. For children under the age of 13, the OPC expects parental consent to be obtained in all but exceptional cases, with written or visual notices provided directly to children, where appropriate.
Assessing risk is important for organizations in determining how to comply with the Code. The Code says that higher-risk services require greater certainty about a child’s age, so that privacy protections are proportionate to the child’s evolving capacity. Consent notices, default settings, data collection, and content personalization should be designed with this in mind. The OPC continues to identify age assurance technologies as one of several approaches for assessing capacity, provided they are privacy-preserving and they collect no more information than necessary—but cautions that age assurance is not a silver bullet for safety and privacy risks.
The Code sets out the following expectations for organizations in designing and operating online services:
The Code explicitly classifies certain practices as prohibited. These include using deceptive design (e.g., manipulative interfaces, pressure tactics in consent flows, and exploitative engagement features such as points, streaks, and rewards to maximize data collection) and data practices that introduce or amplify harms to children (e.g., inferring sensitive characteristics about children or using a child’s emotional state to prompt further disclosure).
The federal government recently introduced Bill C-36, which, if passed, would overhaul PIPEDA and establish a new federal privacy regime (the Protecting Privacy and Consumer Data Act (PPACDA))1. PPACDA treats children’s personal information as “sensitive”, thereby attracting heightened privacy requirements and potential administrative monetary penalties or fines for certain violations. Similarly grounded in the “best interests of the child” in its approach to children’s privacy, the Code appears to complement PPACDA’s proposed treatment of children’s privacy, and would operate alongside it, if passed.
Compliance with the US Children’s Online Privacy Protection Act Rule (COPPA) alone will often not satisfy the Code. While the Code’s under-13 parental consent threshold mirrors COPPA’s consent requirement, the Code goes beyond COPPA in several respects. In terms of scope alone, the Code applies to anyone under 18, whereas COPPA protects only children under 13. In addition, while COPPA applies to general-audience services only where they have actual knowledge that they collect personal information from children under 13, the Code applies to services that are “likely to be accessed” by children.
The Code appears to most closely align with the UK’s Age Appropriate Design Code, which sets 15 standards for services likely to be accessed by under-18s, including best interests, risk-based age assurance, high-privacy defaults, and no profiling by default.
Parallels also exist with EU requirements. Both the Code and the EU’s requirements (whether under the GDPR or the Digital Services Act) include high-privacy defaults, prohibitions on manipulative design, data minimization, and child-appropriate transparency.
Québec’s Act respecting the protection of personal information in the private sector deems the age of minor consent to be 14. Businesses operating both in Québec and in other provinces should be aware of this misalignment.
Organizations should take the following steps to consider whether their online services are aligned with the Code:
As parental consent may no longer be enough, organizations should consider whether it is appropriate to continue relying on blanket parental consent—or, given the evolving capacity of children aged 13 and older, establish child-friendly mechanisms to obtain children’s consent.
Organizations with “high risk” services should be particularly aware of the heightened obligations that the Code may impose. This may include services that permit engagement between users, profile or target users, or target users for marketing purposes.
While the OPC intends to supplement the Code with sector- or risk-specific guidance, the Code already has implications for businesses providing in-scope services:
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