What is Quebec’s Law 25? – A Detailed Guide on Compliance

How does Quebec’s data privacy law reshape how organizations manage personal information? 

Quebec’s Law 25, officially known as the Act to modernize legislative provisions as regards the protection of personal information, represents a significant shift in privacy regulations. 

It strengthens individuals’ rights and imposes stricter requirements on organizations operating within Quebec.

Under this law, businesses must adhere to comprehensive data protection practices, such as obtaining explicit consent, implementing robust security measures, and appointing a privacy officer. 

These regulations enhance transparency, accountability, and consumer trust in an increasingly privacy-conscious world.

Whether you’re a local organization or an international entity serving Quebec residents, understanding the implications of Law 25 is essential to navigating its requirements and maintaining operational integrity.

Background of Quebec’s Law 25

Quebec has been a leader in privacy legislation within Canada, being the first province to enact laws protecting personal information. The original Act Respecting the Protection of Personal Information in the Private Sector took place in 1994, pioneering privacy regulations. 

However, over the years, technological advancements and the rise of data-driven industries created gaps in the legislation. Businesses increasingly collected, processed and shared personal data in ways the original act could not adequately regulate. 

This led to the realization that Quebec’s privacy framework needed a comprehensive overhaul to address the complexities of modern data management.

How Law 25 Replaces the Act Respecting the Protection of Personal Information

Quebec introduced Law 25  to modernize its approach, formally known as the Act to Modernize Legislative Provisions, as Regards the Protection of Personal Information. This new law replaces and significantly strengthens the provisions of the original act. 

It incorporates stricter requirements for consent, data security, and the rights of individuals, such as the right to access, rectify, and delete their personal information. 

The law also mandates organizations to appoint a privacy officer, conduct privacy impact assessments, and notify authorities and affected individuals in the event of data breaches. 

These measures aim to align Quebec’s regulatory framework with the digital age realities, ensuring greater accountability and protection for individuals.

Alignment with Other Global Privacy Policies

Law 25 places Quebec on par with global privacy laws such as the European Union’s General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA). Like the GDPR, Law 25 emphasizes transparency, accountability, and individual rights. 

It also introduces concepts like privacy by design and default, which require organizations to prioritize data protection from the outset of their operations. 

Like the CCPA, Law 25 gives individuals more control over their personal information, making it easier to request data access or deletion.

This alignment with international standards strengthens Quebec’s privacy framework and simplifies compliance for global organizations operating in the province. 

Businesses that adhere to GDPR or CCPA requirements will find similarities in Law 25’s provisions, which allow them to extend their existing privacy practices to comply with Quebec law.

Key Objectives of Law 25

Quebec’s Law 25, officially titled the Act to Modernize Legislative Provisions as Regards the Protection of Personal Information, is designed to address the growing concerns around data privacy and security in the modern digital landscape. The key objectives of the law include:

1. Strengthening Individual Rights

 Law 25 enhances the rights of individuals over their personal information. It introduces new provisions, such as the right to data portability, enabling individuals to access and transfer their data between organizations. 

Additionally, individuals can request corrections or deletions of their information, ensuring greater control over their data.

2. Mandating Transparent Data Practices

The law emphasizes transparency, requiring organizations to inform individuals how their data is collected, used, and shared. 

Businesses must provide concise, accessible privacy policies and obtain explicit consent before collecting personal information, ensuring that individuals are fully aware of the purpose of data processing.

3. Enforcing Robust Data Security

To safeguard personal information, Law 25 mandates the implementation of stringent security measures. Organizations must conduct privacy impact assessments and adopt privacy-by-design principles, embedding data protection into their operations.

Breach notification requirements compel businesses to promptly report data breaches to the Commission d’accès à l’information (CAI) and affected individuals.

4. Appointing Privacy Officers

Under Law 25, organizations must designate a privacy officer responsible for overseeing compliance with the law. 

This role involves implementing and managing privacy policies, ensuring adherence to regulations, and serving as a point of contact for privacy-related inquiries or concerns.

5. Promoting Accountability

Law 25 holds organizations accountable for the personal information they manage. Businesses must document their data processing activities, conduct regular audits, and ensure compliance with the law. 

Non-compliance can result in significant fines and penalties, underscoring the importance of adhering to the regulations.

6. Aligning with Global Standards

The law seeks to align Quebec’s privacy framework with global standards such as the GDPR and CCPA. 

This alignment ensures that Quebec residents receive a similar level of privacy protection as individuals in jurisdictions with advanced data privacy laws, promoting consistency and easing compliance for international organizations.

Law 25 establishes a robust privacy framework that enhances trust, accountability, and data protection across Quebec by addressing these objectives.

Who Does Quebec’s Law 25 Apply To?

Law 25 governs organizations of all sizes, including companies and small to medium-sized businesses, that sell products or provide services within Quebec. It also applies to entities targeting Quebec residents, irrespective of their physical location.

The law’s coverage extends to personal information managed by professional orders as outlined in the Professional Code (chapter C-26).

However, certain types of data are exempt from the law. These include information used for journalistic, historical, or genealogical purposes that serve the legitimate public interest.

Additionally, Law 25 does not regulate public bodies or any data maintained on their behalf by third parties.

Rights Granted to Individuals Under the Quebec’s Law 

Quebec’s Law 25 significantly enhances the rights of individuals over their personal information. These rights empower individuals to have greater control, transparency, and security regarding their data. The key rights granted include:

1. Right to Access Personal Information

Individuals have the right to request access to their personal information held by an organization. They can inquire about how their data is being used, the purpose of its collection, and to whom it has been disclosed.

2. Right to Data Rectification

Individuals can request corrections if personal information is inaccurate, incomplete, or outdated. This ensures that businesses maintain accurate and relevant data, reducing potential harm from misinformation.

3. Right to Data Portability

Law 25 introduces the right to data portability, allowing individuals to request a copy of their personal information in a structured and commonly used electronic format. This enables them to transfer their data to another organization with ease.

4. Right to Withdraw Consent

Individuals have the right to withdraw consent for collecting, using, or disclosing their personal information at any time. This ensures that consent remains dynamic and reflects the individual’s current preferences.

5. Right to Be Forgotten

The law grants individuals the right to request the deletion of their personal information, often called the “right to be forgotten.” This is particularly relevant when the information is no longer necessary for the purposes for which it was collected.

6. Right to Transparency

Organizations must provide clear and accessible information about their data processing practices, including data collection purposes, retention periods, and individual rights. This transparency enables individuals to make informed decisions about their data.

7. Right to Notification in Case of a Breach

The affected person must be notified if a data breach risks the individual’s privacy. This right ensures individuals are aware of potential threats and can take necessary steps to protect themselves.

8. Right to Lodge Complaints

Individuals can file complaints with the Commission d’accès à l’information (CAI) if they believe their rights under Law 25 have been violated. The CAI investigates and enforces compliance, ensuring organizations are held accountable.

These rights collectively ensure that individuals in Quebec have greater autonomy and protection in the digital age, fostering trust and accountability in data management practices.

Requirements for Organizations To Follow Under the Quebec’s Law 25 

Under Quebec law compliance, obtaining opt-in consent is mandatory before collecting, using, or sharing personal information. Organizations must first assess whether the data collection or usage is necessary, legitimate, essential, and proportional to the intended purpose.

To be considered valid, consent must meet the following criteria:

• Clearly Expressed (Manifest): The individual’s intent must be explicitly conveyed.
• Voluntary (Free): Consent must be given without coercion, allowing individuals to make `an unpressured choice.
• Well-Informed (Informed): Individuals should receive all relevant details to understand their consent’s implications fully.
• Purpose-Specific (Specific): Consent must relate to a specific purpose.
• Time-Limited (Temporary): Consent is valid only for the period necessary to fulfill the stated purpose.

Additional Provisions Effective September 22, 2023

• Detailed (Granular): Separate consent must be obtained for each purpose.
• Plainly Communicated (Understandable): The information must be clear and easily comprehended.
• Independent (Separate): Written consents must be distinct and not bundled with other agreements.

For minors under 14, businesses must secure consent from a parent or guardian before using or sharing the child’s data. For minors aged 14 and older, either the minor or their parent/guardian can provide consent. 

However, organizations may collect data without parental consent if the data collection is deemed beneficial to the minor.

Fines for Non-Compliance with the Law 25

Violating personal information laws can lead to significant penalties, depending on the severity of the breach and whether it is a repeat offense.

Organizations may face fines of up to CAD 10 million or 2% of their global revenue, whichever is higher.

For individuals (natural persons) found guilty of violations, penalties range from CAD 5,000 to CAD 100,000.

In cases of more serious offenses, fines can escalate to between CAD 15,000 and CAD 25 million, or 4% of the previous fiscal year’s global revenue, whichever is higher.

The CAI can initiate legal proceedings for these breaches, and fines are doubled for repeat violations.

Steps for Complying with the Quebec’s Law 25

Quebec’s Law 25, formerly Bill 64, took effect in September 2021 and introduced a series of regulations to enhance the protection of personal information. 

While it shares some similarities with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Law 25 also incorporates elements closely aligned with the General Data Protection Regulation (GDPR). 

To ensure compliance with this law, organizations must address several key requirements. Below are eight actionable steps to help your business meet Quebec Law 25’s standards.

1. Conduct Privacy Impact Assessments (PIAs)

A Privacy Impact Assessment is critical for evaluating the risks of collecting, using, or disclosing personal data. Organizations should identify and document potential vulnerabilities and take steps to mitigate these risks.

Use tools like WP Legal Pages to craft comprehensive privacy policies and terms that align with the outcomes of your PIAs.

2. Implement Data Breach Reporting Mechanisms

Law 25 mandates organizations to report any data breaches that pose a risk of serious harm to affected individuals. A robust breach notification process is essential, including documenting incidents, notifying regulatory authorities, and communicating with impacted parties.

Leverage WP Legal Pages to create legally compliant breach notification templates.

3. Review and Update Privacy Policies and Notices

Privacy policies and notices must reflect the requirements of Quebec Law 25. Communicate how personal data is collected, used, and protected while ensuring that this information is easily accessible to your users.

The WP Legal Pages plugin simplifies updating your privacy policy to ensure compliance with evolving regulations.

4. Perform Data Mapping Exercises

Data mapping is crucial for identifying and categorizing the types of personal information your organization collects, processes, and stores. Pay special attention to sensitive information and ensure appropriate safeguards are in place.

Proper data mapping can help you prepare for privacy impact assessments and streamline data handling processes.

5. Review Consent Requirements and Exemptions

Law 25 introduces nuanced rules around consent, including situations where exemptions apply. Ensure your systems are designed to capture explicit consent where required and document these processes to demonstrate compliance.

WP Cookie Consent can help manage user consent for cookies and tracking technologies on your website, aligning with Law 25 and GDPR requirements.

6. Assess Data Transfer Practices

If your organization transfers data across borders, you must assess these practices for compliance with Law 25. Ensure appropriate safeguards, such as standard contractual clauses or binding corporate rules, are in place.

Regularly update your data transfer agreements and include references to these safeguards in your privacy policy.

7. Develop a Data Subject Access Request (DSAR) Process

Under Law 25, individuals can access and correct their data. Establish a streamlined process for handling DSARs, including verification of the requestor’s identity and timely responses.

Use WP Legal Pages to outline DSAR procedures within your privacy policy and ensure clarity for users.

8. Appoint a Privacy Officer

Every organization subject to Law 25 must appoint a privacy officer responsible for compliance efforts. This individual should be well-versed in privacy laws and work closely with relevant teams to implement best practices.

By following these eight steps, your organization can achieve compliance with Quebec’s Law 25 while building trust with users. 

Implementing tools like WP Legal Pages and WP Cookie Consent can streamline compliance efforts, reduce administrative burdens, and ensure your website aligns with the latest privacy regulations.

Comparison with GDPR and CCPA: Key Differences and Similarities

Here’s a detailed table comparing Quebec Law 25, GDPR, and CCPA, highlighting their key differences and similarities:

Aspect	Quebec Law 25	GDPR (General Data Protection Regulation)	CCPA (California Consumer Privacy Act)
Scope and Jurisdiction	This applies to businesses operating in Quebec that collect, process or store the personal information of Quebec residents.	Applies to all organizations operating in the EU or offering goods/services to EU residents, regardless of location.	This applies to for-profit entities doing business in California that meet specific revenue or data thresholds.
Personal Information Definition	Includes any information that allows identification of an individual.	Broadly includes any information relating to an identifiable natural person.	Personal information that identifies, relates to, or could reasonably be linked to a consumer or household.
Key Principles	Transparency, accountability, data minimization, informed consent, and security safeguards.	Lawfulness, fairness, transparency, data minimization, purpose limitation, and accountability.	Data privacy rights, including transparency, control over data use, and data access for California residents.
Consumer Rights	Right to access, correct, and delete personal data.New: Right to data portability and correct to de-indexation.	– Right to access, rectify, erase, and restrict processing.- Right to data portability and objection to profiling.	– Right to know, delete, and opt-out of data sale.- Right to non-discrimination for exercising rights.
Consent Requirements	Requires explicit consent for the collection and use of sensitive information.	Requires explicit consent in certain situations (e.g., special category data, cross-border transfers).	Requires opt-in consent only for children under 16; opt-out applies to data sales.
Children’s Data Protection	Parents must provide consent for minors under 14 years old.	Businesses must have parental/guardian consent for children under 13; opt-in is required for data sales for 13–16 years old.	This applies to businesses operating in Quebec that collect, process, or store the personal information of Quebec residents.
Data Breach Notification.	Special protections are available for children under 16, requiring parental consent for children under 13.	The affected individuals and the privacy authority must be notified without delay.	Businesses must notify affected consumers and the California Attorney General in case of a breach.
Data Processors and Controllers	Introduces obligations for both data controllers and service providers handling personal data.	Distinguishes between data controllers (who decide the purpose) and processors (who process data on behalf of controllers).	Mandatory notification to the supervisory authority within 72 hours of a breach.
Data Protection Officer (DPO)	Requires the appointment of a person responsible for privacy compliance.	Requires the appointment of a DPO in certain cases, e.g., large-scale data processing.	It does not explicitly distinguish between controllers and processors, focusing more on businesses and service providers.
Penalties for Non-Compliance	Fines up to $25 million CAD or 4% of annual global revenue.	Fines up to €20 million or 4% of annual global revenue.	There is no mandatory DPO requirement, but it requires a person responsible for managing privacy.
Data Transfers	Cross-border transfers are allowed if the recipient provides adequate protection and complies with Quebec law.	There are no specific restrictions on international transfers, but businesses must comply with California’s privacy standards.	Fines up to $7,500 per violation, with a private right of action for certain breaches.
Focus on Automated Decision-Making	Transfers outside the EU are allowed if the recipient ensures adequate data protection (e.g., Standard Contractual Clauses).	Strongly regulates automated decision-making and profiling, providing the right to explanation.	Does not explicitly address automated decision-making but focuses on transparency.

This comparison highlights how Quebec Law 25 aligns with GDPR regarding structure and principles but shares the consumer-oriented approach of CCPA in certain areas. Each framework reflects the unique cultural and legal priorities of its jurisdiction.

FAQ 

Conclusion 

To comply with Quebec’s Law 25, businesses must ensure they meet all the law’s requirements, including Publishing a privacy policy that adheres to the law, Securing opt-in consent from consumers where necessary, Conducting privacy impact assessments when required, Appointing a Data Protection Officer (DPO).  

Additionally, businesses should honor contractual obligations with third-party vendors that access user data and enable users to exercise their privacy rights effectively.  

Simplify compliance with laws like Quebec’s Law 25 using WP Legal Pages privacy policy generator. It’s an efficient way to create a professional, law-compliant policy and set your business up for success.  

If you found this article helpful, feel free to check out our other published articles for further insights and information.

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