Privacy and Data Protection

Overview

We support our clients in managing the complex area of data privacy and data protection compliance at a federal, provincial, and cross-border level. The legal landscape is constantly evolving in Canada and abroad and our team of lawyers is focused on giving practical and contemporary advice.

With expertise across the country and global network, our Group provides privacy advice that is based on a solid understanding of a client’s industry, their organization’s operations and technology, and the statutory and regulatory landscape. We leverage our relationships with industry stakeholders, regulators and innovators to help our clients achieve their goals.

We work with large private organizations, SME and emerging businesses as well as public sector organizations across a range of industries. Our lawyers have developed particular expertise in a number of sectors, including FinTech, Transportation & Logistics, Charities, Health (public and private health service providers, medical device and technology providers, MedTech, and digital health initiatives), eCommerce, and gaming, as well as the Education and Municipal sectors and insurance litigation.

Our services include developing comprehensive privacy and data protection programs and strategic advice on how to comply while helping clients in leveraging the data they manage.

We regularly advise our clients on cross-border go-to-market strategies, data breaches or cybersecurity incidents, and commercial transactions. We help our clients in the Health and Education sectors manage a complex network of privacy, access to information and sector-specific legislation.

Our services include:

Transactions:

 

  • Managing privacy risks in M&A and transactions, collaborations and integrations and during due diligence processes
  • Vendor contracts, data protection issues arising in cloud computing, data-sharing agreements, confidentiality and collaboration agreements, digitization projects, commercial technology agreements, application and online Terms of Use and privacy policies
  • Specialized assistance with privacy issues such as those involving research and clinical trials, outsourcing arrangements, network provider agreements, and agreements supporting provincial and regional electronic health record initiatives, personal information databases and virtual health care.

Advising and Proactive Support:

 

  • Advising businesses and other organizations in Canada and abroad on compliance with federal, provincial, health, and sector-specific legislation and legal requirements, including Canada’s anti-spam legislation (CASL) and cross-border compliance programs
  • Development of complete compliance and organizational information management programs, including privacy, confidentiality and security policies and procedures, consent forms, brochures, audits, privacy impact assessments and cybersecurity risk assessments
  • Design and delivery of bespoke training for senior management, board of directors, and staff
  • Advising mobile app developers, gaming industry, FinTech, HealthTech, and other emerging businesses develop compliant business models and product design
  • Advising and developing policies and procedures regarding marketing and advertising campaigns, social media–related marketing, and online behavioural advertising
  • Advising hospitals and other health service providers on data governance, privacy and security matters, access to information, privacy breach management and reporting requirements
  • Managing due diligence for vendor onboarding
  • Assisting with regulatory compliance with federal and provincial privacy legislation, guidelines and codes
  • Advising on legal and regulatory requirements, investigations, notifications, complaints and access requests related to data breaches and cybersecurity incidents
  • Representation in access to information and privacy regulatory proceedings as well as privacy and security litigation and class action lawsuits

Privacy in the Workplace:

 

  • Advising public and private organizations on employment-related privacy issues, in both unionized and non-unionized environments
  • Advising on and developing internal policies & procedures regarding employee privacy, drug and alcohol testing, social media and technology in the workplace
  • Assisting organizations in responding to and addressing access to information requests and privacy complaints from employees and other individuals.

COVID-19 Resources

We have written on a variety of topics to help identify the pertinent issues, understand the legal implications, minimize risk exposure and manage legal obligations.

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Health

The health care sector has unique concerns. Learn more about how our Health Group can support your organization with privacy and data protection issues, and more.

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Labour & Employment

Have an employment issue? Our Labour & Employment Group can help with issues of privacy and data protection, plus much more.

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Privacy, Data Protection and Cybersecurity

Issues of privacy, data protection and cybersecurity affect organizations of all sizes. Learn how we can help your organization address immediate concerns and mitigate future risk.

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