The following is a synopsis of a presentation given at BLG’s Marketing Law News Flashes Conference held on February 28, 2013:

In June 2012, the Privacy Commissioner of Canada issued a policy paper on online behavioural advertising. In it she defined online behavioural advertising to mean the “tracking and targeting of individuals’ web activities, across sites and over time, in order to serve advertisements that are tailored to those individuals’ inferred interests.” The policy paper provides some welcome certainty about four key issues, including regarding whether implied or opt-out consent are sufficient. It is an important document to be considered carefully by any website marketer engaged in online behavioural advertising, or who is considering engaging into a contract with a service provider.