A web agency in Quebec: a practical compliance checklist
An agency handles emails, client data, images, fonts, music and testimonials: many places where rules apply. This checklist turns the trade's rules into concrete actions, with the official source where one exists. It is general information and not legal advice; have your practices validated by your legal advisor, especially for the points that cite no official source.
1. Commercial messages: consent, identification, unsubscribe
Commercial electronic messages (emails, text messages) require the recipient's consent, the sender's identification and a way to unsubscribe, under Canada's anti-spam legislation. The rules apply to your agency's own prospecting and, to be validated, to campaigns sent on behalf of your clients. Official source: https://laws-lois.justice.gc.ca/fra/lois/E-1.6/.
In practice, consent is kept with the file; prospecting and campaigns go only to people who have consented, with an unsubscribe link. Messages tied to a service the client requested follow the client's request.
- Consent is recorded in the file
- Every prospecting message carries your identification and an unsubscribe link
- You have it validated whether your campaigns for clients are covered
2. Personal information: Law 25
The personal information of clients and prospects is protected by Law 25: limited collection, restricted access, and the right to withdraw and to deletion. Official source: the Commission d'accès à l'information du Québec (Quebec's access to information and privacy commission), https://www.cai.gouv.qc.ca/protection-renseignements-personnels/.
Access fields are marked sensitive, collection is limited to what the engagement needs and deletion happens on request. No client account password is kept: access is given through delegated access.
- Collect only what the engagement needs
- Restrict access to those who need it
- Plan for deletion on request
- Never write a password in the file
3. Images, fonts and music: copyright
Images, photos, fonts and music used in deliverables are protected by copyright: a license may limit use (advertising, duration, territory, modification). Have this validated for each license. Official source: the Copyright Act, https://laws-lois.justice.gc.ca/fra/lois/C-42/.
Each deliverable states the source and the license of the elements used. Maya never claims that an image or a piece of music is "royalty-free" without proof of the license.
- Source and license recorded per deliverable
- Use checked: advertising, duration, territory, modification
- No "royalty-free" claim without proof
4. Ownership of deliverables: the contract
Who holds the copyright in the deliverables, and how it is assigned or licensed to the client, must be set out in the contract; an assignment generally requires a written document, to be validated by your legal advisor. Official source: https://laws-lois.justice.gc.ca/fra/lois/C-42/.
The proposal and the contract therefore include a clause on ownership of the deliverables, and delivery records what is handed over to the client.
5. Photos and videos of people: authorization before publication
Photos and videos showing people generally require their authorization before publication (image rights, to be validated by your legal advisor). The data supplies no official source for this point, which makes professional validation all the more important.
The file keeps proof of authorization, for example an attached form template, before any face or testimonial is published.
6. Testimonials and case studies: the client's agreement
A testimonial or case study is published only with the client's agreement, and must be truthful and up to date (to be validated against the rules that apply to advertising). No official source is cited in the data for this point.
The testimonial request requires the client's written agreement, and Maya publishes nothing without your approval.
How to use this checklist
Run through the six points before each new engagement and before any publication. A register of image, font and music licenses per deliverable and a kickoff checklist (delegated access, logo, brand files) make these checks easy to repeat. The agent applies your rules consistently, but it does not replace professional advice.
Six points, six actions and one shared principle: nothing is published without agreement or proof. Keep this list next to your deliverables calendar.
General information, not legal advice. Check with your professional order or the official source.
Questions
Is this checklist legal advice?
No. It is general information. The points on copyright, image rights and testimonials should be validated by your legal advisor.
Can Maya say an image is royalty-free?
No, not without proof of the license. Each deliverable states the source and license of the elements used.
Does Maya keep the passwords for my clients' accounts?
Never. Access is given through delegated access and no password is written in the file.
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