Law 25: agconnect, update on co-ownership obligations

On September 13, 2023, a web radio conducted by Condolegal took place, about the protection of personal information in divided co-ownership, and in particular on the entry into force of Law 25.

Or rather, on part of Law 25, and on the new dispositions of September 22, 2023: indeed, this law, adopted on September 22, 2021, came into force gradually from September 22, 2022 to September 22, 2024, with new dispositions each year, aiming to improve the protection of personal information and strengthen the rights of citizens.

The question of personal data management is indeed a sensitive subject, especially in a context where web services have become an integral part of the daily lives of all citizens. With the speed of technological developments and the growing importance of artificial intelligence, it was fundamental to supervise existing practices on the fate reserved for our personal data and in particular to provide avenues for the treatment of the inevitable “data leaks”.

Quebec is not isolated in this desire. Other countries have been pioneers at this level and we can cite, for example, the European Union and its GDPR regulations, which came into force in 2018.

The Quebec Commission for Access to Information has published a memo on the obligations which are gradually coming into force: https://www.cai.gouv.qc.ca/documents/CAI_Guide_obligations_entreprises_vf.pdf

This guide is generic and valid for all businesses in Quebec, regardless of their sector of activity and size. On the Condolegal website, you will find a vision adapted to the Co-ownership: HERE with the usual good advice on good practices.

The sanctions provided for by the legislator are enough to motivate companies to put in place the necessary measures to comply with the law. Indeed, let us mention that Law 25 establishes the maximum amount of an SAP (administrative monetary sanctions) at $10 million or an amount corresponding to 2% of global turnover.

So ZOOM, Teams or agconnect to carry out a GA?

A platform like agconnect complies with the obligations of Law 25 (and those of the GDPR in Europe) and therefore guarantees users legal protection. The major video platforms have of course implemented a data protection policy but have in no way put in place processes to check that the use made of it is compliant! It is therefore carried out under the complete responsibility of the manager or administrator who is piloting the project.

As mentioned during this web radio, specialized platforms like agconnect are secure and adapted and the most significant risks lie in human manipulation which can cause a data leak: transmission of Excel documents by email, loss/theft of an unprotected computer, faulty or non-existent password security policy, etc.

What happens to the data in agconnect?

Meeting data is only stored for the exclusive intended purpose, namely the holding of a meeting. They are stored for a period of 3 months (legal duration for contesting an assembly), plus a security period of 30 days. There remains the thorny issue of the video recording: it is destroyed at agconnect after transmission to the manager or the board of directors (within 2 weeks following the meeting).

The fate given to these documents subsequently by the manager or the board of directors depends on their privacy policy.

Find our Privacy policy in detail HERE.

Trust agconnect!

agconnect is a reliable and secure AG dematerialization platform, complies with current law and makes a point of protecting the personal data of co-owners.

To find out more about our agconnect tool and how it can help you plan and manage your general meetings in the best way, go to ag-connect.com!

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Sources:

https://www.quebec.ca/nouvelles/actualites/details/loi-25-nouvelles-dispositions-protegeant-la-vie-privee-des-quebecois-certaines-dispositions-entrent-en-vigueur-hui-43212

https://www.legisquebec.gouv.qc.ca/fr/document/lc/P-39.1

https://www.cyberimpact.com/fr/loi-25-renseignements-personnels

https://www.clydeco.com/fr/insights/2023/09/law-25-quebec-s-second-wave-of-new-privacy-amendme

https://www.youtube.com/watch?v=v3ogv1I2OMo&list=PPSV&ab_channel=Condolegal