Legislative framework and CPO obligations
Bill 25, which modernizes Quebec's privacy legislation, imposes new obligations on organizations, including:
- The completion of a Privacy Impact Assessment (PIA) prior to any cross-border transfer.
- The obligation to guarantee that personal information transferred benefits from a level of protection equivalent to that offered in Quebec.
- The implementation of specific contractual clauses framing data exchanges with foreign partners.
Comparison with the GDPR and other international frameworks
The European Union's General Data Protection Regulation (GDPR) also requires an adequate level of protection for data transfers outside the EU. Quebec companies processing European data must therefore ensure that they comply with the principles of the RGPD, notably by relying on standard contractual clauses or recognized certifications.
Other jurisdictions, such as the United States, adopt different approaches, complicating compliance for cross-border transfers. For example, a Quebec company transferring customer data to a cloud service in the U.S. would raise concerns about compliance with Bill 25 and the protection of personal information.
Operational and strategic challenges of CPO
Before authorizing a cross-border transfer of personal information, RPRP must assess several aspects:
- The sensitivity of the personal information concerned, in order to determine the risks associated with its transfer.
- The legal framework of the destination country, and the risks associated with access to the data by local authorities. For example, laws such as the U.S. Cloud Act allow government agencies to access data stored by U.S. companies, even if it concerns foreign citizens.
- The protection measures put in place by the receiving entity, to ensure that they offer an adequate level of security that complies with Quebec requirements.
Contract management and ongoing monitoring
The RPRP must also ensure that contractual agreements with foreign partners include specific clauses on data protection. In addition, it is crucial to ensure ongoing monitoring of transfers and to anticipate any legislative changes that could impact compliance.
Data security and governance
Cyber threats and the risks associated with unauthorized access increase the responsibility of the RPRP. They must work closely with IT teams to implement robust cybersecurity measures, such as :
- Encryption of sensitive data.
- Enhanced authentication and restricted access.
- Monitoring and detection of security incidents.
Towards a proactive, scalable approach
Faced with these challenges, the RPRP must adopt a proactive approach, developing dynamic compliance strategies. Ongoing employee training, the automation of privacy management processes and the integration of innovative technological solutions (such as consent management tools) are essential levers for ensuring the protection of personal information while facilitating international exchanges.
The role of the GDPR is increasingly demanding in the digital age and in the era of international data flows. Managing cross-border transfers requires not only in-depth legal expertise, but also the ability to adapt to new threats and regulations. By combining rigor, collaboration and advanced technologies, organizations can guarantee effective, compliant management of their personal information across borders.
To find out more :
Bill 25: The role of the Chief Privacy Officer (CPO)
