How to Transfer Personal Data Outside Quebec Legally

Step-by-step process

Identify the transfers

List all cases where personal information leaves Quebec: cloud providers (AWS, Google, Microsoft), foreign subcontractors, subsidiaries in other provinces or countries, off-site backups.

Conduct a PIA

Before any transfer outside Quebec, you must conduct a Privacy Impact Assessment (PIA). Analyze the risks related to the destination jurisdiction and the protection measures in place.

Evaluate the legal framework

Does the destination jurisdiction offer equivalent protection? Consider: local laws (e.g., CLOUD Act in the US), possible government access, available remedies for individuals.

Enter into a written agreement

Sign a contract with the recipient including: types of data transferred, authorized purposes, security measures, confidentiality obligations, audit rights.

Implement safeguards

Based on identified risks: data encryption, pseudonymization, enhanced contractual clauses, access restrictions, vendor security assessment.

Document and retain

Keep your PIA, contracts, and justification for your decision. You must be able to demonstrate that you took reasonable precautions.

Tips and warnings

Common transfer scenarios

Cloud hosting: AWS, Azure, Google Cloud with data outside Quebec. Some providers offer the option to host data in Quebec.
SaaS tools: Salesforce, HubSpot, Mailchimp. Check where your data is stored.
Technical support: Support teams in other countries accessing your systems.
Subsidiaries and partners: Sharing customer data with entities outside Quebec.
Backups: Backup copies in data centers abroad.

Common protection measures

Encryption: Data encrypted with keys you control, preventing the vendor from reading the data.
Pseudonymization: Replace direct identifiers with codes, which limits risk if data is exposed.
Contractual clauses: Vendor commitments on security, confidentiality, and government access.
Geographic restriction: Require data to remain in specific regions.
Audit and certification: SOC 2, ISO 27001 certified vendors offer documented guarantees.

Mistakes to avoid

Ignoring SaaS vendors. Just because it's "in the cloud" doesn't mean it's not a transfer.
Assuming "everyone does it." A service's popularity doesn't eliminate your legal obligations.
Forgetting the PIA. Without a documented assessment, you can't demonstrate diligence.
Neglecting contracts. Standard terms of service may not be sufficient. Negotiate if necessary.

Frequently asked questions

Is hosting with AWS or Azure a transfer outside Quebec?

If your data is stored in a region outside Quebec (even elsewhere in Canada), it's technically a transfer. Choose the Canada (Montreal) region if available. Otherwise, a PIA is required.

Is the United States a high-risk destination?

The CLOUD Act allows US authorities to access data held by American companies, even if stored elsewhere. This risk must be assessed in your PIA and mitigation measures may be necessary.

Can I use Google Workspace or Microsoft 365?

Yes, but with precautions. Choose Canada hosting if available. Conduct a PIA. Review the provider's data protection clauses. Document your analysis.

Is a PIA required for each vendor?

Yes, each transfer outside Quebec requires a PIA.

Do I need to inform individuals about the transfer?

Yes. Your privacy policy must indicate that information may be transferred outside Quebec, to which jurisdictions, and why.

What if a vendor refuses to sign an adequate confidentiality agreement?

That's a red flag. Without contractual commitment, you can't demonstrate adequate safeguards. Look for an alternative vendor or assess whether the risk is acceptable.

Do transfers to Ontario or Alberta require a PIA?

Yes. Any transfer outside Quebec, even within Canada, triggers the PIA requirement. The risk is generally lower for Canadian provinces, but the assessment is still mandatory.