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Digital Marketing Compliance For Law 25

What is Law 25 and am I affected?

Introduction to Law 25

Law 25, a strict legislation concerning the protection of personal data, even surpasses some of the standards set by the European Union's GDPR.

Since September 22, 2023, fines are to be expected in cases of non-compliance. An organization could face a minimum fine of $15,000, up to 25 million dollars, or 4% of the previous fiscal year's global revenue. Furthermore, new requirements will come into effect on September 22, 2024, so the incentive is significant.

Affected entities

Law 25 affects any company that collects information about Quebec residents, including those based outside the province. For example, if you are an Ontario company with Quebec contacts in your database, the law also applies to you. New requirements will come into effect on September 22, 2024.

Canada is preparing to overhaul its privacy laws with Bill C-27 (currently under parliamentary discussion) - this will have an impact. In parallel, other provinces are considering updates to their privacy laws to offer broader consumer protection

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What are the benefits of adhering for my organization?

Aside from the hefty fines, your organization needs to properly execute its compliance process.

While data protection was once considered good practice, Law 25 introduces new obligations that businesses must consider that relate to the protection of personal information of Quebec residents. Here is a summary of the core requirements:

Inventory of personal information
Explicit customer consent
On-demand management

The digital piece

The most notable aspect is the digital piece where doing this internally or only lawyers will not

  • The cookie consent - saves time for your developers, specifically the multilingual and visual branding aspects
  • Marketing scripts - developers do not prioritize the marketing piece and not offloading your scripts correctly might cost you millions of lost marketing tracking
  • Most lawyers are not technologically savvy - they will not be able to fully audit your account
Contact Index

Why should you work with our agency to adhere to Law 25?

To navigate this complex legality, we have decided to specialize in supporting our partners to become compliant.

Index offers a tailored solution designed to meet the unique requirements of your organization. Our process includes :

in-depth research of your digital ecosystem
a checklist of digital marketing best practices
the activation of a consent widget

featuring the best tool to efficiently manage cookies (cookie consent)

This covers the main themes such as Data Protection Officer (DPO) appointments, privacy impact assessments (PIAs), Breach Notifications, Subject Rights and Enhanced Consent.

Index’s Law 25 Solution offering

We propose a solution that answers many requirements to help you in the right direction; each of those items are customized to your needs :

  1. Research of your digital ecosystem
  2. Checklist of digital marketing components
  3. Activation of a consent widget
    • Responsive
    • Multilingual
    • Visual
  4. Adaptation of basic scripts to comply with data collection mechanisms
    • Includes a cleanup of the marketing scripts
  5. Marketing Impact Risk Assessment GA4 Analysis
    • Looker Dashboard evaluating the ratio of sessions, conversions before and after
  6. Guidance document on Compliance framework
    • Inventory of information technology and marketing
    • Review of procedures for obtaining consent for the collection of personal data.
    • Appointment of a privacy data protection officer (DPO), typically assigned to a high-ranking director
    • Internal security policies
    • Data transfer outside Quebec
    • Ongoing projectw processes (also called Privacy Impact Assessment / PIA)

Disclaimer

We do not aim to provide legal counsel for your organization. We strongly advise consulting with your legal team to delve into the specific details of the Law that pertain to your unique circumstances.

Time is of the essence, and Index recognizes the varying timelines for implementation across organizations. Contact us today to get the process started.

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