GDPR vs Law 25: What Differences for an SMB?
GDPR and Quebec Law 25 share the same principles but differ on concrete points. A comparison for SMBs in Quebec, France and Switzerland.
The GDPR (Europe) and Law 25 (Quebec) rest on common principles — transparency, consent, individual rights, security — but differ on terminology, breach-notification deadlines, the officer's role and penalty thresholds. For an SMB active on both sides of the Atlantic, the right strategy is to build a shared compliance baseline, then adjust it to local specifics.
Key points
- Same foundations: data minimization, informed consent, access/rectification/deletion rights, security obligation.
- Key differences: terminology, breach-notification deadlines, transfer rules and penalty amounts.
- A cross-border SMB benefits from aligning on the strictest standard as a common base.
What the two regulations have in common
If you are already GDPR-compliant, you have covered much of the path toward Law 25 — and vice versa. Both texts impose accountability: you must not only follow the rules, but also be able to demonstrate it.
- Collection limited to declared purposes (minimization).
- Free, informed and specific consent.
- Individual rights: access, rectification, deletion, portability.
- Duty to secure data and notify serious incidents.
- Processor oversight through contracts.
The differences that matter in practice
The devil is in the details. Here are the gaps with the most operational impact for an SMB.
- Terminology: the GDPR refers to a "DPO" (data protection officer); Law 25 to a "person in charge of the protection of personal information".
- Breach notification: the GDPR requires notifying the authority within 72h; Law 25 requires reporting "promptly" and keeping a register.
- Cross-border transfers: both require safeguards, but formalities (clauses, impact assessment) differ.
- Automated decisions: Law 25 imposes an explicit duty to inform; the GDPR frames profiling.
- Penalties: expressed in euros and % of global turnover (GDPR) or in Canadian dollars (Law 25).
What about Switzerland?
Swiss SMBs fall under the revised Federal Act on Data Protection (nFADP), in force since 2023. It is closely aligned with the GDPR to ease exchanges with the European Union. A Swiss organization targeting the European market is therefore well advised to align on the GDPR standard.
Practical takeaway for a group present in several countries: adopt the strictest framework as a common base, then document local adjustments.
How to build a shared baseline
Rather than managing three compliance regimes in silos, we recommend a single framework: a centralized processing inventory, harmonized policies and a unified incident process, broken down by jurisdiction.
- A single processing register, tagged by country.
- A master privacy policy with local annexes.
- A common incident process, with each authority’s specific deadlines.
- An annual review to track regulatory changes.
Frequently asked questions
If I am GDPR-compliant, am I compliant with Law 25?
Largely, but not automatically. The principles overlap, but Law 25 has its own formalities (officer title, automated-decision notices, incident register). A GDPR/Law 25 gap audit helps close the remaining gaps.
Does a French company selling to Quebec have to comply with Law 25?
Yes, as soon as it collects personal information of people in Quebec as part of its activities. It must comply with Law 25 for that data, in addition to the GDPR for its European data.
What is the deadline to report a data breach?
The GDPR requires notifying the authority within 72 hours of discovery. Law 25 requires reporting "promptly" any incident presenting a risk of serious harm and keeping an incident register.
Does Switzerland have its own law?
Yes, the revised Federal Act on Data Protection (nFADP), in force since September 2023. It is largely aligned with the GDPR to preserve exchanges with the European Union.
Do I need a different tool for each regulation?
No. The most efficient approach is a single framework (register, policies, incident process) broken down by jurisdiction. This avoids silos and reduces the cost of maintaining compliance.
Takeaway
GDPR and Law 25 pursue the same goal through different means. For a cross-border francophone SMB, the right move is to build a shared baseline aligned with the strictest standard. Codally helps you map your processing activities and harmonize your compliance.
Need support?
Codally can help you integrate these solutions into your business.