Quebec (Canada) - (Law 25)

What is the Quebec 25 law and how does it work?

Law 25 imposes new obligations on companies, expands individuals' digital privacy rights, and enhances enforcement actions and available fines for authorities. Although it initially became law in September 2021, Law 25 adopted a phased approach to implement privacy standards, and most requirements will come into effect on September 22, 2023.

Law 25 updates the consent framework of both public and private sector laws to align them with the consent requirements of the GDPR. Therefore, many of the consent management requirements implemented by Law 25 should be familiar to organizations already complying with the GDPR.

Law 25 requires consent to be given explicitly, meaning it must be a clear affirmation of an individual's consent for their data to be processed (i.e., opt-in consent). It also requires consent to be informed, which means the individual understands what data is being collected, how it will be used and shared, and specific, meaning consent is granted for a specific purpose and cannot be used to collect or share data beyond that purpose. Consent must also be freely given and not coerced.

Finally, individuals have the right to withdraw their consent at any time. If consent is withdrawn, the company must cease processing the individual's data. Companies must have systems in place that allow for easy withdrawal of consent.

If you want to know more about the different regulations you can access our article "Laws and regulations for each region"

Do I need a banner to comply with this regulation?

Regarding consent requests, they must be presented separately from any other information communicated to the individual in question. Therefore, the request should be presented on its own, such as in a consent banner, and cannot simply appear within a website's privacy policy or within an application's terms.

Observations: With illow's GDPR banner, your site will be ready to comply with Canadian regulations.

If you want to know the different types of banner cookies that you can find on our platform, access our article "Types of banners you will find on our platform"