Kiteworks Flags Canada Sovereignty Compliance Gaps

Kiteworks’ newly released “2026 Data Security and Compliance Risk: Data Sovereignty Report” finds that Canadian organisations report the lowest sovereignty incident rate among surveyed regions — yet channel leaders warn that the risk environment is intensifying, not stabilizing.

The cross-regional survey of 286 security, compliance, and IT professionals across Canada, Europe, and the Middle East highlights a widening gap between policy-driven compliance and infrastructure-level enforcement. 

For IT channel partners serving Canadian customers, that gap represents both exposure and opportunity.

Canadian organisations report fewer incidents with rising regulatory pressure

According to the report, 23% of Canadian organisations experienced a data sovereignty incident, compared with 32% in Europe and 44% in the Middle East.

However, regulatory and geopolitical pressures are mounting:

• 40% cite changes to Canada–U.S. data-sharing arrangements as their top regulatory concern, ahead of domestic privacy reforms.
• 21% identify the U.S. CLOUD Act as a direct sovereignty threat.
• 23% are actively migrating away from U.S.-headquartered cloud providers.
• 65% say technical infrastructure changes are their largest resource drain — the highest rate among all regions surveyed.
• 56% report a shortage of legal and compliance expertise.
• 54% plan to invest in compliance automation within two years.

“Awareness without enforcement is a false sense of security,” said David Byrnes, VP of Global Channels at Kiteworks, in a statement accompanying the report. 

“Organizations in every region are investing heavily in sovereignty compliance and still suffering breaches, unauthorized transfers, and government access requests. The missing piece isn’t education — it’s architecture that makes compliance provable and control non-negotiable,” Byrnes continued. 

The CLOUD Act and the jurisdictional architecture problem

A central finding for partners advising Canadian customers: contracts alone cannot mitigate cross-border legal exposure.

Under the U.S. CLOUD Act, data held by a U.S.-headquartered provider may be subject to U.S. government access requests, regardless of where servers are physically located. 

A Montreal-based data center operated by a U.S. company is not insulated from U.S. court orders.

Kiteworks said that only infrastructure design closes that gap. That includes in-country infrastructure not subject to foreign jurisdiction and encryption key custody retained exclusively by the Canadian organisation.

“The rules of sovereignty have fundamentally changed,” said Byrnes. “It’s no longer enough to store data in the right country. Regulators and customers now demand cryptographic proof — who holds the keys, who can be compelled to decrypt, and can you produce audit evidence on demand.” 

Mid-market customers represent core channel growth

The report indicates that sovereignty maturity scales sharply with organisation size. Mid-market firms (500–999 employees) lag large enterprises by 15-25 percentage points in spending and automation readiness.

Large enterprises report annual spending on sovereignty compliance above C$5 million. Only 19% of mid-market organisations reach that threshold.

Yet regulatory exposure remains the same. Quebec’s Law 25 carries penalties of up to C$10 million or 2% of worldwide turnover, with penalties reaching C$25 million, and liabilities apply regardless of company size.

For partners, this asymmetry creates a services-led opportunity: delivering architecture assessments, encryption key management strategies, geofencing controls, and compliance automation to organisations with enterprise-level obligations but mid-market budgets.

“The partners winning this market have moved beyond the compliance checklist to the architecture conversation,” Byrnes added. “Not ‘Are you PIPEDA-compliant?’ but ‘Can you prove where your data resides, who controls the keys, and what happens if a foreign court order targets your provider?’ That question opens a services engagement worth multiples of any product transaction.” 

From stated compliance to provable sovereignty: the channel partner opportunity

Kiteworks identifies three architectural pillars partners can build engagements around:

• Infrastructure-enforced data residency controls.
• In-jurisdiction encryption key ownership that prevents compelled foreign decryption.
• Exportable, immutable audit evidence to address enforcement scrutiny.

AI governance adds another advisory layer. 

The survey found 37% of Canadian respondents keep all AI training data within Canada, while another 37% use a mixed sensitivity-based model. 

For many mid-market firms, those classifications lack documentation and auditability — an emerging consulting opportunity as AI regulation tightens.

Beyond regulatory defense, 65% of Canadian respondents associate compliance with sovereignty with an improved security posture, and 51% link it to enhanced customer trust. 

More than half report that up to 75% of customers now ask about sovereignty practices.

For channel partners, sovereignty is shifting from a compliance checkbox to a competitive differentiator as data-related choices are more crucial to long-term success than ever before.