To ensure the protection of personal information held by notaries and compliance with their professional standards, to develop best practices for information security and to maintain the public’s trust in a fully digital notarial practice, the notary and their technology-based solutions1 providers are subject to certain obligations and responsibilities in that respect.
1.Means a transaction platform, an app, a software or data service that enables the processing of information, the production of documents and the retention of data and documents.
Mandatory reporting to the Ordre
The notary must report the technology-based solutions they use in their professional practice to the Ordre. The notary must also report any subsequent changes.
Complete the appropriate form to submit a report (in Frech only)
Choosing a technology-based solution
As a notary, you must choose a technology-based solution that meets the requirements for information security and protection for your professional practice.
To help you choose the right options, you can:
1. Do business with an authorized provider (see tab below)
2. Evaluate whether the technology-based solution meets the security criteria (see tab below)
For additional information about this section, write to techno@cnq.org
The providers below have contractually committed to the Chambre to meet the main obligations for information security and protection (in French only)
MANDATORY SOLUTIONS
CERTIFIED SOLUTIONS
Office management software
Secure file transfer and sharing solution
Cloud backup solution
Cloud hosting solution
Solution for processing real estate transactions
Solution for processing mortgage loans and mortgage discharges
Solution de production de testaments, de mandats de protection et de procurations
Solution for producing wills, protection mandates and powers of attorney
OFFICE 365 USE STANDARDS
The Ordre is involved in authorizing technology-based solutions that could be used by its members only in the following cases:
Required process
Prior authorization is required if the service entails:
- Closing a technology-based notarial act
- Retention of a technology-based notarial act
- A videoconference to receive signatures remotely for a technology-based notarial act
- The use of an official digital signature for a notary
Voluntary process
A provider may request to follow the voluntary certification process if it wants to satisfy the necessary security requirements for information protection in the notarial practice.
Provider requirements
- Comply with the main obligations for information protection.
- Have recognized accreditation in the field (e.g.: ISO/IEC 27001, ISO/IEC 27017, SOC 2 Type II). Such accreditation is an advantage for voluntary certification and can reduce the time and cost of the compliance process.
- Submit itself to a compliance audit at its own cost (a submission is sent before starting the work).
- Present its technology-based solution to the Chambre.
- Sign an agreement with the Chambre once the compliance process has been successfully completed (draft agreement is sent during the compliance process).
- Submit an application by completing the form. A response will be given within 48 business hours.
The notary must ensure that technology-based solutions used in their professional practice satisfy the needs and requirements to deliver their service, while providing the level of comfort required to do so. The notary must also ensure that the technology-based solutions comply at least with the main obligations for information security and protection and report such use to the Ordre.
To support notaries in this process, a decision-making tool is available to members on the Notary’s Space/Profession numérique.
The Chamber has drawn up a set of specifications (French only) to establish the requirements to be met by a Closing Solution for receiving and closing a Technological Deed.
The document is made available so that any Service Provider interested in offering a Closing Solution can meet the requirements contained in this document, follow the Chamber’s authorization process and enter into an agreement with the Chamber (“Agreement”) before being able to offer its service to notaries. The Provider must also ensure that its Partners also meet these requirements.
For further information, please write to techno@cnq.org
