Privacy laws in the United States and Canada differ from the European Union’s GDPR framework. This article provides an overview of consent requirements and privacy regulations applicable to users in the US and Canada, helping you understand the nuances and the compliance steps to take when using Complianz.
Note: US and Canadian laws generally do not directly address cookies and trackers. General requirements on data processing activities, however, also apply to those carried out through tracking technologies.
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US Privacy Laws Overview
Unlike GDPR’s strict opt-in requirement for cookie consent, most US privacy laws (such as the California Consumer Privacy Act, CCPA, as amended and updated by California Privacy Rights Act, CPRA) are based on an opt-out model. This means data can be collected by default unless users explicitly choose to opt out.
Because of this, Complianz does not provide a default opt-in cookie banner for US visitors. However, if you prefer an opt-in experience, you can create a custom cookie banner targeted specifically to US visitors. However, please be aware that creating a custom banner means you will lose the automated legal updates and configurations that Complianz offers.
For businesses seeking an opt-in model in the US, there’s no quick fix, even when building a banner from scratch, consent management remains a challenge. Complianz integrates with services like Consent Mode, which handle their own geolocation and cookie consent logic. Switching to an opt-in model with these services may cause confusion and complications due to how geolocation and consent are handled.
If you decide to go this route, be aware that it might not be understood by all users, and you will be responsible for managing the implementation and compliance yourself.
For guidance on creating a custom banner, see our detailed Create Your Own Banner From Scratch documentation.
US Privacy Laws Are Fragmented and Sector-Specific 👇
Unlike the EU’s unified GDPR, privacy laws in the US vary by state and industry. Besides California’s CCPA/CPRA, more and more states, Virginia and Colorado, among many others, have their own privacy laws. Many regulations focus on specific sectors, for example, HIPAA covers health data. Because of this patchwork, consent requirements can differ depending on where your users are and what industry you operate in. Businesses should keep a close eye on state-specific rules and update their cookie banners and data practices as needed.
No Federal Cookie Consent Law in the US👇
Currently, there is no federal law requiring cookie consent banners like the GDPR. The Federal Trade Commission (FTC) enforces general privacy standards but hasn’t set specific rules for cookie consent. That’s why many US websites use opt-out models or don’t show cookie banners at all, instead relying on clear privacy policies and opt-out options for data sales and sharing.
Canada Privacy Laws Overview
Canada’s privacy landscape includes the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec’s Bill 25, which impose consent requirements for data collection.
Due to geolocation services working at the country level, Complianz currently offers two options:
It is not currently possible to combine these within a single cookie banner due to these limitations.
- An opt-in consent model for all of Canada under PIPEDA
- An opt-out model specifically for Quebec in compliance with Bill 25 (it should be noted, however, that CAI, Québec’s Commission for Access to Information, encourages express consent)
Bill 25 in Quebec introduces strong consent requirements, emphasizing meaningful consent and greater transparency. The Law, together with CAI’s guidelines, is bringing Quebec’s standards closer to those of the GDPR. Businesses serving Canadian users should tailor their consent processes to account for these provincial rules.
Comparison Table: GDPR vs US vs Canada Cookie Consent
| Feature | GDPR (EU) | US (CCPA/CPRA) | Canada (PIPEDA) | Canada Québec (Law 25) |
|---|---|---|---|---|
| Consent Model | Opt-in | Opt-out | Opt-in (generally, express consent) | Opt-in (generally, implied consent) affinities with an opt-out approach |
| Prior blocking applies to tracking technologies employed for certain purposes | No | No | No | No |
| Reject Button Required | Yes | Not legally required | Not legally required | Not expressly required |
| Geolocation-Based Settings | Per EU country | California | Canada | Québec |
| Default Complianz Behavior | Opt-in banner | No default opt-in banner | Opt-in | Opt-out |
Important: Geolocation Limitations and Practical Considerations
Due to how location is detected and the different rules that apply in Canada and Quebec, Complianz can’t offer separate opt-in and opt-out options for these regions within a single banner. To meet all requirements, businesses might consider a global opt-in approach or create a custom banner tailored to their specific needs.
Practical Tips for Implementing Cookie Consent in the US and Canada
- Use Clear Language: Regardless of opt-in or opt-out, clearly describe what cookies are used, their purpose, and users’ rights.
- Offer Easy Opt-Outs: Even if not legally required, providing a reject or opt-out button enhances user trust and aligns with privacy best practices.
- Regularly Review Privacy Laws: US and Canadian privacy regulations are evolving rapidly—periodic legal review ensures your compliance stays current.
- Segment Audiences: Use geolocation or user selection to show appropriate cookie consent mechanisms to US, Canadian, and Quebec visitors.
- Document Consent and Opt-Outs: Keep logs to demonstrate compliance if audits or legal inquiries occur.
This information is provided for general guidance and does not constitute legal advice. Always consult with legal experts and official resources to ensure compliance.
