The agreement assigns a distinct contracting entity and governing law jurisdiction based on the user's country of residence: Canva Pty Ltd (New South Wales law) for Australia and New Zealand; Canva Austria GmbH (Irish law) for EEA, Switzerland, and UK; and Canva US Inc. (Delaware law) for all other countries.
This analysis describes what Canva's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision determines which Canva legal entity a user contracts with and which jurisdiction's laws govern dispute resolution, which in turn affects the enforceability of consumer protections, arbitration clauses, and liability limitations applicable to each user population. The EEA/UK contracting entity being Canva Austria GmbH governed by Irish law is relevant to GDPR compliance and the applicable data protection authority.
The updated Terms of Use no longer include language describing Canva's use of non-essential cookies for personalization, advertising, and analytics, nor do they reference how users can manage cookie preferences. Previously, the terms explicitly stated Canva would use cookies 'to improve and personalise your visit, tailor ads you see from us on Canva and partner sites, and to analyse our website's performance, but only if you accept.' This disclosure and consent mechanism have been removed from the main terms document. Users seeking information about cookie practices and consent options may need to consult Canva's separate cookie policy or privacy disclosures.
View change record →The updated Terms of Use no longer include the prior disclosure that Canva uses non-essential cookies for personalization, targeted advertising, and analytics, and no longer reference a cookie policy or mechanisms to manage those preferences within the Terms document itself. This does not necessarily mean Canva has stopped using such cookies, but the specific disclosure and choice mechanism previously stated in the Terms have been removed. Users who rely on the Terms of Use as a primary source for cookie disclosures will not find that information in the updated version.
View change record →The contracting entity and governing law applicable to each user depend on the user's country of residence, which determines which legal framework governs the agreement and which Canva entity has legal obligations toward the user. EU, Swiss, and UK users contract with Canva Austria GmbH under Irish law; Australian and New Zealand users contract with Canva Pty Ltd under New South Wales law; and all other users contract with Canva US Inc. under Delaware law.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"If you are a resident of Australia or New Zealand, these Terms will be governed by the laws of New South Wales, Australia, and Canva Pty Ltd is the Canva Contracting Entity. If you are a resident of a country in the European Economic Area, Switzerland or the United Kingdom, these Terms will be governed by the laws of the Republic of Ireland, and Canva Austria GmbH is the Canva Contracting Entity. For all other countries, these Terms will be governed by the laws of the State of Delaware, USA, and Canva US Inc. is the Canva Contracting Entity.— Excerpt from Canva's Canva Terms of Use
REGULATORY LANDSCAPE: The assignment of Canva Austria GmbH as the EEA/Switzerland/UK contracting entity under Irish law engages the Irish Data Protection Commission as the lead supervisory authority under GDPR's one-stop-shop mechanism for EEA data protection enforcement. The Australian Privacy Act applies to Canva Pty Ltd for Australian and New Zealand users. US users contracting with Canva US Inc. under Delaware law are subject to FTC jurisdiction and applicable state consumer protection statutes. GOVERNANCE EXPOSURE: Medium. The regional contracting entity structure has material implications for data protection compliance, dispute resolution, and consumer rights enforcement. EU-based enterprise customers should confirm that their data processing agreements are executed with Canva Austria GmbH and that the Irish Data Protection Commission is identified as the lead supervisory authority for GDPR purposes. JURISDICTION FLAGS: The choice of Irish law as the governing law for EEA, Swiss, and UK users means that EU consumer protection directives are applied through the lens of Irish law, which may differ in implementation from the user's home jurisdiction. UK users post-Brexit are governed by UK GDPR, and the choice of Irish law for contract purposes does not override UK GDPR obligations. CONTRACT AND VENDOR IMPLICATIONS: B2B customers in the EU should ensure that data processing agreements, sub-processing arrangements, and data transfer mechanisms are aligned with the Canva Austria GmbH contracting entity. Procurement teams in the US should confirm they are contracting with Canva US Inc. and that Delaware law is acceptable under their vendor management policies. COMPLIANCE CONSIDERATIONS: Data protection officers and legal teams in the EU should confirm that GDPR Article 28 data processing agreements are in place with Canva Austria GmbH as the relevant contracting entity. Transfer impact assessments for cross-border data flows should reference the specific Canva entity and applicable standard contractual clauses or adequacy decisions.
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This provision determines which Canva legal entity a user contracts with and which jurisdiction's laws govern dispute resolution, which in turn affects the enforceability of consumer protections, arbitration clauses, and liability limitations applicable to each user population. The EEA/UK contracting entity being Canva Austria GmbH governed by Irish law is relevant to GDPR compliance and the applicable data protection authority.
The contracting entity and governing law applicable to each user depend on the user's country of residence, which determines which legal framework governs the agreement and which Canva entity has legal obligations toward the user. EU, Swiss, and UK users contract with Canva Austria GmbH under Irish law; Australian and New Zealand users contract with Canva Pty Ltd under New …
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