What digital sovereignty? How a Canadian Court is forcing a French company to break French law episode artwork

EPISODE · Dec 5, 2025 · 22 MIN

What digital sovereignty? How a Canadian Court is forcing a French company to break French law

from Privacylawyer - Canadian privacy and technology law with David Fraser · host David Fraser

A Canadian court has ordered French cloud provider OVH to hand over user data stored in France, the UK, and Australia—despite a French law that forbids it. The French government is objecting, but the Canadian government doesn't seem to care. What does this mean for digital sovereignty, cross-border investigations, and the limits of Canadian court jurisdiction? Lots. This episode unpacks a recent Ontario Court of Justice decision involving OVHcloud and a national security investigation, discussing the facts, the legal issues, the court’s reasoning, and why—in my view—the decision is deeply flawed. OVH is not accused of wrongdoing. It’s simply being ordered by a Canadian court to violate the law of the country where it is based—even though France offered to expedite a lawful country-to-country process. That should concern anyone who deals with cross-border data, law enforcement requests, or cloud infrastructure. The decision can be found here: https://drive.google.com/file/d/1QVwO9lPmxuDSQsGd9fHH3QN_ToXs2LQ8/view?usp=drive_link Cases referred to in the episode: ► British Columbia (Attorney General) v. Brecknell, 2018 BCCA 5 https://canlii.ca/t/hplpj ► R v Love, 2022 ABCA 269 https://canlii.ca/t/jrflw ► Toronto-Dominion Bank v. Court of Quebec, 2025 QCCS 2094 https://canlii.ca/t/kcvtw Where you can find me ► Privacylawyer blog: https://blog.privacylawyer.ca ► My law firm: https://www.mcinnescooper.com/people/david-fraser ► Twitter: https://twitter.com/privacylawyer ► LinkedIn: https://www.linkedin.com/in/davidtsfraser Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.

Episode metadata supplied by the publisher feed · Published Dec 5, 2025

Embed this episode

Ready to play

What digital sovereignty? How a Canadian Court is forcing a French company to break French law

0:00 22:29

No transcript for this episode yet

We transcribe on demand. Request one and we'll notify you when it's ready — usually under 10 minutes.

No similar episodes found.

No similar podcasts found.

Frequently Asked Questions

How long is this episode of Privacylawyer - Canadian privacy and technology law with David Fraser?

This episode is 22 minutes long.

When was this Privacylawyer - Canadian privacy and technology law with David Fraser episode published?

This episode was published on December 5, 2025.

Can I download this Privacylawyer - Canadian privacy and technology law with David Fraser episode?

Yes. Use the download control on the episode player to save the publisher-provided media file.
URL copied to clipboard!