Beauty salons in Quebec: a practical compliance checklist
Between client files, Instagram photos, text reminders and gift cards, a salon handles personal information and commercial messages every day. This checklist turns the rules that apply in Quebec into things to verify. It offers general information and is not legal advice: for your situation, consult the Commission d'accès à l'information (Quebec's privacy regulator), your professional order or a legal adviser.
Consent for personal information
In Quebec, a client's personal information (name, contact details, notes, declared allergies) may be used only with consent that is clear, free and informed, given for specific purposes. Law 25 spells out this consent (s. 14). The tracking tool should therefore keep the source and the date of consent, and limit sensitive fields to administrative use.
- Each file shows where the consent came from and on what date.
- Sensitive fields are for administrative use only.
- Mia collects only what serves the appointment (s. 5).
- The client can request access to, correction of or withdrawal of her information.
Allergies, skin, pregnancy: sensitive information
Information is sensitive when, because of its nature, particularly medical, it gives rise to a high reasonable expectation of privacy (s. 12). Using it for a purpose other than the one it was collected for requires express consent. In the file, allergies are recorded as stated by the client, as an administrative note, so your team can reread them before the appointment.
- The agent gives no health advice: it hands off to your team.
- Allergy notes are never used in promotions.
- For medical-aesthetic treatments, the Collège des médecins and the OIIQ (Quebec's order of nurses) remind us (May 30, 2024) that an individual assessment must come before treatment, so that a diagnosis is made and a treatment plan is set.
Before/after photos: consent first
Using the image of an identifiable person for commercial purposes requires her consent: the right to one's image is part of the right to privacy in the Civil Code of Québec (s. 35). The Code treats as an infringement the use of a person's image for any purpose other than the legitimate information of the public (s. 36, 5°). Obtain the client's written consent for each use, for example Instagram and your website.
The file has a “Photo consent” field (not requested, yes for social media, yes for internal use only, refused). Mia prepares no post until it is a yes, and you approve.
- Written, specific (permitted platform) and dated consent.
- Ability to withdraw agreement at any time.
- Consent checked the day after each treatment, before any posting.
Emails and texts: Canada's anti-spam law
Commercial electronic messages require valid express or implied consent, identification of the sender and a working unsubscribe mechanism (CASL, known in French as LCAP). Reminding a client of an appointment she booked does not require prior consent (s. 6(6)b)). An invitation to return or an offer is a promotion: express consent, or implied consent for a client who bought a service from you in the last two years (s. 10(9)a) and 10(10)a)). Every message identifies the salon and offers a way to unsubscribe (s. 6(2)).
- Every follow-up template contains the salon's name and the unsubscribe notice.
- Unsubscribed clients are excluded from campaigns.
- The birthday text goes out with consent to messages.
Gift cards and packages
In Quebec, a gift card or prepaid card cannot have an expiry date, except for exceptions provided by law, notably for certain cards tied to a specific service (Office de la protection du consommateur, the province's consumer protection office). So set no expiry date by default and track the balance until it is fully used. For treatment packages, track the remaining sessions in the file.
Clients under 14
Clients under 14 cannot consent on their own to the use of their information: the parent or guardian must do so (Act respecting the protection of personal information in the private sector). Before any photo or marketing message aimed at a young client, ask for the parent's consent.
Online reviews and language of service
Google's rules forbid offering a benefit in exchange for a review and soliciting positive reviews selectively. The Competition Bureau reminds us that an employee who posts a review must disclose her link to the salon. So ask every satisfied client for a review, simply, with no reward.
Clients also have the right to be informed and served in French (s. 5 of the Charter of the French language). Write your template messages in French first.
Most of these rules are settled inside the client's file: consent, limited sensitive fields, unsubscribe. Mia checks and prepares; you approve every post and every campaign.
General information, not legal advice. Check with your professional order or the official source.
Questions
Does this checklist replace legal advice?
No. It is general information drawn from official sources. For your situation, consult the Commission d'accès à l'information, your professional order or a legal adviser.
Can I send an appointment reminder without prior consent?
Under the anti-spam law, a reminder for an appointment the client booked does not require prior consent. An invitation to return or an offer is a promotion and requires consent.
Can I put an expiry date on a gift card?
In principle no: a gift or prepaid card cannot have an expiry date, except for exceptions provided by law, notably for certain cards tied to a specific service. Check your case with the Office de la protection du consommateur.
Official sources
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