10 tips to stay compliant with Quebec’s Law 25

Quebec has recently enacted Law 25, effective September 2023, previously known as Bill 64, to improve privacy regulations for organizations that collect, store and communicate user’s personal information and data. As a marketing agency, it’s part of our duty to stay ahead of the game and protect our customers, business owners and general users by preparing them with the implications surrounding privacy and cookies.

While we’re not legal experts, we’ve put together a simple checklist to help you understand the basics and take steps towards compliance. Remember, consulting legal professionals is essential to ensure accurate understanding and compliance with these newly updated regulations for the province of Quebec.

In the meantime, here are 10 steps you can take to ensure you’re on the road to compliance:

1. Get familiar with the law

This new privacy law strongly resembles Europe’s GDPR compliance law, a regime that prioritizes transparency and sanctions for non-compliance. Make sure you research the newest updates, ask questions to professionals and update your settings accordingly. The goal here is to modernize legislative provisions surrounding data protection, including Data Protection Officer (DPO) appointments and privacy impact assessments (PIAs).

2. Assess your current habits

Review your existing privacy policies, consent mechanisms and cookie practices. Once you’ve done this, you can identify the areas that still need adjustments to align with Law 25. These changes may include privacy policies, risk assessments and data breach notifications.

3. Seek legal guidance

Although you can prepare yourself by doing your own research, law specificities can sometimes be complex and confusing. It is important to obtain professional advice from privacy lawyers to ensure your understanding of the law is accurate. Legal experts can also collaborate with you to draft and revise your privacy policies in accordance with the new updated regulations. This step will make certain that you are compliant and will eliminate possibilities for punitive damage.

4. Update consent mechanisms

Remember to make a clear distinction between consent requests and all other terms and conditions. These subtleties need to be addressed head on in a clear, specific and separate section of your website when accessed by a user. You should additionally implement mechanisms for users to withdraw their consent easily. Providing opt-out options is a must so that users can choose their consent preferences themselves.

5. Review cookies practices

Although you may assume it is, the purpose of cookies is not obvious to all. You should mindfully evaluate your use of cookies and clearly communicate its purpose and nature to all users.

6. Provide data transparency

It is crucial to favor your users by being transparent about what happens with the data they choose to share with you. You are to clearly disclose how their personal information is collected, used and shared. This also includes the option for them to manage or even delete information they once chose to share.

7. Train your employees

Before informing users about the new regulations and what that implies for them and their information, you should begin with training your employees. Educate the people you work with on the laws and their implications for all marketing activities. This also includes appointing the highest-ranking individual in your organization as the privacy officer, responsible for overseeing compliance activities. Establishing internal processes to ensure ongoing compliance is crucial.

8. Carry out updates and audits

You may be wondering how to stay up to date with the changes that will continue to occur moving forward. To stay ahead of this, schedule regular audits of your privacy practices to catch and address any compliance issues. Staying informed on Law 25 will ensure that you fill any privacy and compliance gaps.

9. Communicate changes to your users

It’s not enough for you and your employees to be informed about the changes in regulations. Part of your responsibility also entails clearly sharing with your users the changes in privacy policies and practices. You need to be clear about the regulations and make sure you understand how to manage their preferences and consent.

10. Keep up with the industry’s best practices

As you continue your ongoing research about future updates in this realm, we recommend that you stay in the loop about the industry’s best practices. Stay connected through industry forums and organizations and learn from other businesses’ experiences in navigation Law 25 so you can avoid making mistakes.

Remember, this checklist is simply a starting point. Each business is unique and seeking legal advice tailored to your specific circumstance is crucial. Stay proactive, informed and ensure that your marketing practices are aligned with Quebec’s Law 25 to be compliant and build trust with your audience.

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