Websites hosted by companies outside of Quebec can still comply with Law 25. However, the law requires that organizations ensure “adequate protection of personal data” when it is processed or stored outside of Quebec. This means the website hosting company must meet privacy standards similar to those outlined in Quebec’s Law 25, and the organization must take measures to ensure that the data transfer and processing remain secure and lawful, even if handled abroad.

This might include establishing contracts or agreements ensuring compliance with the law.

Under Law 25 (previously Bill 64), personal information collected from Quebec residents can be processed by third-party companies outside of Quebec, but with certain conditions. The organization must conduct a Privacy Impact Assessment (PIA) when transferring personal data outside Quebec to ensure that the foreign jurisdiction offers adequate protection of that data. This means websites hosted outside Quebec may still be compliant if the hosting country meets the required privacy standards and the organization ensures adequate protection measures are in place, such as assessing the legal framework of the host country and taking steps to protect personal data. (Source) (Source)

Is there current standards host countries need to comply with?

Yes, under Law 25, when transferring personal data outside Quebec, the hosting country must offer “adequate protection” similar to the standards set by Quebec’s privacy law. However, Law 25 does not prescribe specific host countries or international standards but requires that organizations perform Privacy Impact Assessments (PIA) to evaluate the level of protection in the foreign jurisdiction.

To ensure compliance, organizations need to assess:
1. The legal framework of the hosting country (whether it has laws offering similar protection as Law 25).
2. Contractual safeguards (such as standard contractual clauses or data transfer agreements) that ensure adequate data protection.
3. Other security measures, like encryption or access controls, to protect data during transfers.

Countries with robust privacy laws (e.g., the EU under the General Data Protection Regulation [GDPR] or Canada’s own federal privacy laws) generally meet the standards, but each transfer still requires an evaluation of adequacy to meet Law 25’s requirements (Source) (Source).

Is the United States satisfactory when it comes to Law 25?

The United States does not automatically meet the adequacy standards set by Quebec’s Law 25, largely due to differences in privacy regulations. U.S. federal law doesn’t offer the same comprehensive privacy protections as those in Quebec or the European Union’s GDPR. Instead, U.S. privacy regulations are more sector-specific and less stringent.

To transfer personal data to the U.S. under Law 25, Quebec organizations must:
1. Conduct a Privacy Impact Assessment (PIA) to evaluate whether the U.S. recipient can adequately protect the personal data.
2. Implement contractual safeguards such as Standard Contractual Clauses (SCCs) to ensure data is processed in a way that aligns with Quebec’s privacy standards.
3. Mitigate risks through additional technical and security measures (e.g., encryption).

In essence, transfers to the U.S. can happen, but they require careful evaluation and additional protective measures to ensure compliance with Law 25.

What are Standard Contractual Clauses?

When transferring personal data to countries like the U.S. under Quebec’s Law 25, Standard Contractual Clauses (SCCs) are a critical tool to ensure compliance with privacy standards. SCCs are legal agreements approved by data protection authorities that provide specific terms and conditions to safeguard personal data transferred outside Quebec or other jurisdictions with similar privacy regulations.

Here’s how SCCs help meet Law 25’s requirements:

1. Data Protection Guarantees: SCCs ensure that the organization receiving the data agrees to the same level of data protection as mandated by Law 25, even if their local laws are less stringent.

2. Enforceable Rights: SCCs provide enforceable rights for individuals, allowing them to take legal action if their personal data is mishandled by the receiving party.

3. Security Measures: The clauses often include specific obligations for the recipient to implement appropriate security measures (e.g., encryption, data access restrictions) to protect the transferred data.

4. Breach Notifications: The recipient organization must notify the transferring party about any data breaches or incidents that may compromise personal data, ensuring prompt responses to risks.

5. Audits and Accountability: SCCs may also include provisions for conducting audits or requiring recipients to demonstrate compliance with the agreed-upon data protection standards.

For Law 25 compliance, Quebec-based organizations transferring data to the U.S. would incorporate SCCs in their contracts with the U.S. data processor to align with the law’s requirements. This is crucial because the U.S. doesn’t have overarching privacy laws equivalent to Quebec’s or the GDPR, so these contractual measures bridge the gap in protections.

Additionally, organizations should still conduct a Privacy Impact Assessment (PIA) to evaluate the overall risks associated with the data transfer and apply further technical or organizational safeguards as necessary.

In summary, SCCs help by legally binding the foreign recipient to Quebec’s privacy standards, making them a key component for compliance with international transfers under Law 25 (Source) (Source).