Quebec private sector Act, section 18.4: the commercial transaction exception (Act respecting the protection of personal information in the private sector, CQLR c. P-39.1, s. 18.4, as amended by S.Q. 2021, c. 25 (in force 22 September 2023))
The exception lets an enterprise share personal information without consent only to conclude a transaction listed in the definition, and the other party may afterwards use it only as the Act allows. My reading: it is a route for a sale or financing of the enterprise, not for a licence of customer records for model training.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“Where the communication of personal information is necessary for concluding a commercial transaction to which a person carrying on an enterprise intends to be a party, the person may communicate such information, without the consent of the person concerned, to the other party to the transaction. ... Where the commercial transaction has been concluded and the other party wishes to continue using the information or to communicate it, that party may use or communicate it only in accordance with this Act. ... For the purposes of this section, "commercial transaction" means the alienation or leasing of all or part of an enterprise or of its assets, a modification of its legal structure by merger or otherwise, the obtaining of a loan or any other form of financing by the enterprise or of a security taken to guarantee any of its obligations.”
Where it was read
Also read from the same source
- For customers or staff in Canada, has each person consented to this new use, or will the data be anonymised to the Canadian standard before it leaves? For Quebec, is the privacy impact assessment done and the written agreement ready?
- Quebec private sector Act, section 12: use for another purpose needs consent or an exception (Act respecting the protection of personal information in the private sector, CQLR c. P-39.1, s. 12, as amended by S.Q. 2021, c. 25 (in force 22 September 2023))
- Quebec private sector Act, section 12: de-identified information is still personal information (Act respecting the protection of personal information in the private sector, CQLR c. P-39.1, s. 12, as amended by S.Q. 2021, c. 25 (in force 22 September 2023))
- Quebec private sector Act, section 13: communicating personal information to a third person needs consent (Act respecting the protection of personal information in the private sector, CQLR c. P-39.1, s. 13, as amended by S.Q. 2021, c. 25 (in force 22 September 2023))
- Quebec private sector Act, section 14: consent must be clear, free, informed and specific (Act respecting the protection of personal information in the private sector, CQLR c. P-39.1, s. 14, as amended by S.Q. 2021, c. 25 (in force 22 September 2023))
- Quebec private sector Act, section 17: privacy impact assessment before communicating information outside Quebec (Act respecting the protection of personal information in the private sector, CQLR c. P-39.1, s. 17, as amended by S.Q. 2021, c. 25 (in force 22 September 2023))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide