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Quebec Law 25

An Act to Modernize Legislative Provisions as Regards the Protection of Personal Information (Law 25)

Quebec's major privacy reform modernizing data protection laws with extraterritorial scope similar to GDPR. First Canadian provincial framework to directly address AI implications through automated decision-making provisions requiring disclosure, explanation rights, and human intervention options.

Jurisdiction

Quebec

CA-QC

Enacted

Sep 22, 2021

Effective

Sep 22, 2022

Enforcement

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

Enacted September 22, 2021; phased implementation through 2024; right to data portability implemented September 22, 2024

Who Must Comply

This law applies to:

  • For-profit, non-profit, government entities, and individuals acting in professional capacity
  • Extraterritorial scope: Quebec-based businesses and any company outside Quebec handling personal data of Quebec residents

Capability triggers:

automatedDecisions (required)
Required Increases applicability

Safety Provisions

  • Right to be informed about automated decision-making using personal information
  • Right to explanation: personal information used, reasons/factors/parameters leading to decision
  • Right to object to automated decisions and request human intervention
  • Right to have personal information used in automated decisions corrected
  • Privacy Impact Assessments required for automated decision-making
  • Data Protection Officer (DPO) designation required
  • Data breach notification to CAI and affected individuals
  • Data subject rights: access, rectification, portability, de-indexation, information, objection

Compliance Timeline

Sep 22, 2022

Initial requirements active

Sep 22, 2023

Majority of requirements take effect

Sep 22, 2024

Final requirements including data portability take effect

Enforcement

Enforced by

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

Penalties

C$10M or 2% revenue (whichever higher); C$1K/violation

Max fine: $10,000,000
Revenue %: 2%
Per violation: $1,000

Administrative fines up to CAD $10M or 2% of worldwide turnover (whichever higher); penal sanctions up to CAD $25M or 4% of global revenue for severe violations

Private Right of Action

Individuals can sue directly without waiting for regulatory action. This significantly increases liability exposure.

Quick Facts

Binding
Yes
Mental Health Focus
No
Child Safety Focus
No
Algorithmic Scope
Yes
Private Action
Yes

Why It Matters

Most comprehensive Canadian privacy law with AI provisions. Extraterritorial scope affects any company with Quebec users. Private right of action creates litigation risk. Lower threshold than GDPR - applies to all automated processing, not just significant/legal impact. Sets precedent for Canadian provincial AI regulation.

Recent Developments

Fully in effect as of September 22, 2024 with data portability rights. First Canadian provincial AI/automated decision-making regulation. Private right of action allows individuals to claim punitive damages (minimum CAD $1,000) and pursue collective action.

What You Need to Comply

Organizations using automated decision-making must inform individuals, provide explanations of personal information used and decision factors, allow correction of data, and offer human intervention. Must conduct PIAs for automated processing. Significant human intervention exempts from automated processing obligations.

NOPE can help

Cite This

APA

Quebec. (2021). An Act to Modernize Legislative Provisions as Regards the Protection of Personal Information (Law 25). Retrieved from https://nope.net/regs/ca-qc-law-25

BibTeX

@misc{ca_qc_law_25,
  title = {An Act to Modernize Legislative Provisions as Regards the Protection of Personal Information (Law 25)},
  author = {Quebec},
  year = {2021},
  url = {https://nope.net/regs/ca-qc-law-25}
}