Cédrik Pierre-Gilles
Associate
Article
On October 20, 2026, the Office of the Privacy Commissioner of Canada (OPC) published its Children's Privacy Code (the Code). The Code is OPC guidance on how the Personal Information Protection and Electronic Documents Act (PIPEDA) applies to children's personal information. It is not legally binding, but the OPC is likely to rely on it when assessing compliance, so aligning with it reduces regulatory risk.
The Code takes a risk-based approach: protections scale with the likelihood of child access, expected engagement, data sensitivity and potential harm. Key expectations include express opt-in consent for non-essential uses, privacy-protective default settings and avoiding the profiling of children, particularly for targeted advertising.
The Code sets out general guidance on how organizations should collect, use and disclose children's personal information in digital environments. It builds on PIPEDA by interpreting how its protections apply to children, whom it treats as holders of rights. The OPC says the intent is not to prevent children from participating in digital life, but to let them explore, learn and express themselves online in ways suited to their age and evolving capacity.
The Code applies to any organization subject to PIPEDA that collects, uses or discloses personal information in a commercial activity involving an online service that is directed at children or likely to be accessed by them. Online services include websites, applications, platforms and digital tools. Organizations cannot avoid their obligations simply because a service was not designed for children if children use it in practice.
The foundational principles set out the values that underpin the Code. They do not prescribe specific actions. Instead, they express the Code's intent and spirit, and organizations should draw on them when interpreting expectations and when the Code gives no specific guidance.
The Code's expectations describe what organizations should and should not do when they collect, use or disclose children's personal information. They are technology neutral: they describe intended outcomes rather than technical solutions. Meeting them requires privacy by design, and compliance is not a one-time exercise.
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Expectation |
Key requirements |
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Consent |
For children under 13, organizations should obtain parental consent in all but exceptional cases, such as a child's request to delete their information, and notify the child in an age-appropriate way. Non-essential uses, meaning those beyond the core service, should rely on express opt-in consent, with a separate, equally visible choice for each optional feature. Inaction or continued use does not amount to consent. Children and parents should be able to withdraw consent at any time, without penalty. |
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Privacy impact assessments |
Organizations are strongly encouraged to conduct a privacy impact assessment (PIA) before launching or significantly changing a service, and whenever in doubt. Potential triggers include monitoring, profiling or making inferences about children; decisions with significant effects on them; location, activity, relationship or behavioural data; and extensive sharing with third parties. |
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Default high privacy settings |
Settings should default to the most privacy-protective option. Location, public profile visibility, third-party data sharing and profiling should generally be off by default. Location may be enabled only where it is directly necessary and obvious to the user, or where it is needed to protect the child's life, health or security. |
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Transparency |
Privacy information should be concise, written in plain, age-appropriate language and available in both official languages. Layered, visual or video formats may help. Key information should be given at the point of collection or feature use, with reminders when updates affect children's information. |
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Avoiding profiling |
Organizations should not use children's information for targeted or behavioural advertising, infer characteristics for commercial targeting, or share profile data for marketing. Profiling should be used only where it is necessary and demonstrably in the child's best interests, for example for accessibility or age verification. In those cases, children should be informed and given an explanation, and a PIA should be conducted. Using profiling to extend a child's time on an app is not in the child's best interests. |
The Code identifies certain practices as incompatible with children's privacy and best interests. These practices cannot be justified by a legitimate purpose, mitigated through safeguards or permitted by consent. They build on data practices the OPC has previously identified as inappropriate under subsection 5(3) of PIPEDA.
The OPC describes the Code as a foundation that it will build on over time and invites dialogue with interested parties as part of a collaborative approach.
If you have any questions about the Code, please contact the authors or a member of Gowling WLG’s Data Protection and Cyber Security team.
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