Question 1

Is a data processing agreement required under PIPEDA?

Accepted Answer

PIPEDA's accountability principle (Principle 1) requires organizations to use contractual means to ensure comparable protection when transferring personal information to processors, making DPAs strongly recommended.

Question 2

What does Quebec Law 25 require for data processors?

Accepted Answer

Quebec Law 25 (effective Sep 2023) requires written agreements with processors that specify safeguards, prohibit unauthorized use, require notification of breaches, and address cross-border transfer requirements.

Question 3

Is cross-border data transfer restricted in Canada?

Accepted Answer

PIPEDA allows cross-border transfers with comparable protection safeguards. However, Quebec Law 25 requires a privacy impact assessment before transferring personal information outside Quebec.

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