Do Québec's New Privacy Laws Give Québec Businesses A Competitive Advantage?

Privacy advocates, regulators and policymakers often claim that enhanced privacy and data security give companies a competitive advantage, asserting that this builds consumer trust and loyalty, enhances reputation, and increases investor confidence.

The recent privacy laws reform in Québec guarantees to put this premise to the test. Indeed, with the adoption of An Act to modernize legislative provisions as regards the protection of personal information¹, more commonly referred to as "Bill 25", the Québec legislator has adopted a privacy regime that goes well beyond the Canadian standard, particularly with respect to requirements related to consumer consent, transparency—including around automated decision-making (ADM)—and restrictions on profiling and targeted marketing. As a result, Québec's substantial sector of startup and growth-stage tech companies, along with the large percentage of small- and medium-sized businesses that drive the Québec economy, are now