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Practice

Practice

Data Protection

Increasingly, contracts require businesses to warrant that they comply with the Personal Information Protection and Electronic Document Act (PIPEDA) and in some cases the deal won't get through unless the requirements of PIPEDA are met.  If your company have information on living beings, even just employees and contacts at companies, that enables those individuals to be identified, your company actions are governed by PIPEDA. That information can be something as innocuous as a name and address or just an email address. Recent legislative as well as evolving common law changes in federal, provincial and state jurisdictions have made this a new and hot button issue. Clients must be careful in not only data bank creation but in processing and transferring information.

The Firm can  assist organizations in managing privacy and security risks associated with the collection, use and disclosure of consumer and employee personal information. We can counsel clients on the new and evolving Canadian and global legal requirements that affect the use of  information and work closely with clients to conduct full-scale privacy assessments. Our lawyers understand the public policy issues and business processes that inform the current privacy debate both in Canada and overseas, and we apply that knowledge in providing legal advice.

We can provide practical advice and solutions for clients trying to address data protection issues, providing clients with real-time advice across multiple jurisdictions. This includes advice on transfers of personal data from Canada to the United States and other countries, dealing with access by third party contractors to employee data and general compliance assessments. The Firm can represent clients on commercial agreements that are directly related to data security and privacy (business partner agreements, domestic and international data transfers, and data sharing) or that have data security and privacy components (outsourcing, licensing, and service agreements).  We can also handle data security and privacy issues in corporate transactions, particularly in the contexts of joint ventures, strategic alliances, and spin-offs.