Ensuring E-Commerce Compliance with Consent: A Practical Guide

Concrete Steps for E-Commerce Businesses to Ensure Compliance with Consent

The CAI recently outlined actionable steps for businesses to comply with Law 25’s consent requirements. The way businesses use and share data can differ widely. Among them, e-commerce businesses have garnered significant attention due to the evolving legal landscape. The stakes are higher for them as they gather information not solely for transactional purposes but also to market their products and services. However, these practices are lawful only when businesses explicitly obtain consent from consumers.

E-commerce businesses often use strategies like advertising through cookies or web beacons and sharing data with third parties. Yet, legal compliance hinges on obtaining explicit consent from consumers. For instance, a business intending to create consumer profiles might present a cookie consent form on their homepage, possibly in a superimposed window where it is clearly visible, succinctly explaining how they’ll use the data.

The interface should be user-friendly, enabling consumers to easily access a business’ cookie settings or privacy policy through readily available links. Explanations should use simple, concise, and understandable language.

Consumers should have the option to agree or disagree with the use of their data for each specific purpose, avoiding passive acknowledgment buttons like “Next” or “Ignore” and instead offering interactive options like “Accept” and “Refuse” toggle switches that enable control over the use of their data for each intended purpose. Also, they should actively respond to consent requests instead of ignoring them, as their lack of action might be seen as giving permission, depending on how the business interprets it in its policy.

Similarly, to send promotional material to consumers, businesses should obtain explicit consent through a clearly stated affirmation. For instance, during checkout, consumers might check a box next to a statement like: “By checking this box, I permit the use of my email for marketing communication.”

Businesses without transparent privacy policies risk consumer complaints and regulatory scrutiny.

What role do language and translation play?

Language and translation play a crucial role here, as emphasized by the CAI, which stresses the need for language adjustments tailored to the audience. This aligns with guidelines from the Office of the Privacy Commissioner of Canada, emphasizing that consent is valid only when individuals fully comprehend what they’re agreeing to.

For e-commerce businesses serving diverse clientele, ensuring easily understandable consent is paramount. Certified translators with legal expertise play a vital role, possessing both legal knowledge to ensure compliance with specialized terms and the ability to articulate the source text clearly in the target language.

In essence, the CAI’s guidelines highlight the importance of simple, clear, and user-friendly consent processes in e-commerce. They urge businesses to adopt transparent, interactive approaches to align with regulations and better cater to their diverse customer base.