Quebec. Data localisation / cross-border. Act

Law 25 transfer PIAQuebec Private Sector Act s.17 (as amended by Law 25) - privacy impact assessment for communication of personal information outside Quebec

In force

§1Summary

Synopsis

Before personal information leaves Quebec (including to other Canadian provinces), the enterprise must assess whether it would receive adequate protection, considering sensitivity, purpose, safeguards and the destination's legal regime. If adequate, the transfer must be governed by a written agreement.

Key themes
  • transfer impact assessment
  • adequacy assessment
  • written agreement
  • outsourcing
Unique features

Applies to transfers to other provinces as well as abroad; no government whitelist exists, so each transfer is assessed case by case.

SaaS relevance

Quebec customers of a SaaS hosted outside Quebec must complete a transfer PIA and sign a compliant agreement with the vendor, so vendors are routinely asked for TIA support material.

§2Obligations

Extraterritorial
Yes
Cross-border transfers
Case-by-case PIA + written contract
Maximum penalty
As per Private Sector Act

§3Dates

Key dates
  • Adopted
  • In force
  • Transfer rules effective 2023-09-22

§4Text and authority

Text
Authority
Commission d'accès à l'information du Québec (CAI)

§5Where it applies

Domestic law of
Quebec

§6Sources and verification

Sources consulted
Verification

High confidence.

Parallel rule in the public-sector Access Act (s.70.1).