Since its adoption in May 2021, Bill 25, also known as the “Act to modernize the rules governing the protection of personal information in the public and private sectors”, has raised many questions and concerns among website owners in Quebec. The aim of this legislation is to strengthen the protection of users’ personal information and to provide a framework for the management of digital data by companies and organizations.
But what does this law really mean for you as a website owner? How can you comply, and what are the implications of not doing so? In this article, we’ll explore these issues and give you some practical advice on how to ensure compliance with Law 25.
First, it’s important to understand that Bill 25 applies to all website owners who collect and process personal information as part of their commercial activities in Quebec. This means that if your website is accessible to Quebec residents and you collect personal data such as names, addresses, e-mail addresses, telephone numbers, payment information, etc., you must comply with this law.
Now that we’ve established who is affected by Bill 25, let’s look at what you need to do to comply with its requirements. Here are some key steps to follow:
1. Privacy Policy: Law 25 requires that you have a clear, easily accessible, plain-language privacy policy on your website. This policy must explain how you collect, use, store and protect users’ personal information. Be sure to detail the security measures you have put in place to protect this data.
2. Informed consent: You must obtain users’ informed consent before collecting their personal information. This means you must clearly state what information is collected, how it will be used and with whom it will be shared. You must also inform users of their right to withdraw their consent at any time.
3. Security Measures: Bill 25 requires that you take reasonable security measures to protect user personal information from unauthorized access, misuse, disclosure or destruction. So be sure to adopt appropriate technical and organizational security measures, such as data encryption, restricted access to sensitive information, etc.
4. Transparency: It is essential to provide users with clear information about your data collection and use practices. You must also inform them of their rights under law 25, such as the right of access, the right of rectification and the right of withdrawal.
5. Data storage : Law 25 imposes restrictions on the storage of personal information. You may not keep this data any longer than necessary, and must destroy it securely when it is no longer required.
As for the consequences of not complying with law 25, it’s important to note that there can be significant fines for offenders. The exact amounts depend on a number of factors, such as the nature of the offence, the number of people affected, the measures taken to remedy the offence, and so on. So it’s essential to take this legislation seriously and take the necessary steps to comply with it.
In conclusion, the new Bill 25 for websites in Quebec aims to strengthen the protection of users’ personal information and provide a framework for the management of digital data by companies and organizations. If you have a website accessible to Quebec residents and you collect personal information, you must comply with this law. Make sure you have a clear privacy policy, obtain informed consent from users, implement adequate security measures and be transparent about your data collection and use practices. Don’t forget that failure to comply with this legislation can result in substantial fines, so it’s essential to comply with Law 25.