Executive designation and legal roles
Understand the executive nomination, the « Designation mode » field, and the typical SMB case where the founder is also the executive.
What is the executive nomination for?
Under Law 25, responsibility for personal information protection falls by default on the person with the highest authority in the organization — the most senior executive. That person may delegate this function in writing to a Privacy Officer (Responsable de la protection des renseignements personnels — RPRP), but absent a delegation, they remain legally responsible. Documenting the executive nomination in Conformaze (Settings > Legal Roles) clearly establishes who carries this responsibility and feeds your official exports (privacy policy, registers, notices). The « Designation mode » field specifies how that person was formally appointed to their executive role — useful information for traceability and the evidentiary value of your file.
The « Designation mode », mode by mode
Each option of the field maps to a different legal act by which the executive was appointed: • Board resolution — a formal decision voted by the board and recorded in the minutes. This is the strongest mode evidence-wise when a board exists. • General assembly — the nomination is voted by shareholders or members gathered in a meeting. • Employment contract — the executive function flows directly from the employment contract signed by the person. • Unilateral decision by the employer — the employer designates the executive without going through a collective body. Common in SMBs that have no board of directors. • Decree or order — appointment by a government act, typical of public or para-governmental bodies. • Shareholder agreement — the designation is provided for by an agreement binding the shareholders. • Other — any other mode not covered by the options above; describe the context elsewhere in your documentation. There is no universal « right » answer: choose the option that reflects the legal reality of your organization.
The founder-executive SMB case
In many small and medium businesses, the founder is also the executive: there is no formal board of directors or assembly that « appoints » someone else. This situation is perfectly normal and Law 25 does not prohibit it. Concretely: if your organization has a board of directors (even a small one), adopt a board resolution designating the executive — that is the most traceable choice. If your structure has no board process, the unilateral decision by the employer is the appropriate option: it reflects that the organization itself, through its founder, assumes this function. In both cases, what matters is that the designation is documented and consistent with your bylaws.
Tip
Law 25 reminder: absent a written delegation, the most senior executive is the person responsible for personal information protection. If you assign this role to someone else (internal or external Privacy Officer), formalize the delegation in writing. This content is educational and is not a substitute for legal advice: for a complex structure, validate your choice with an advisor.