Critical to the success of any business today is understanding and using technology effectively and keeping up-to-date with the constant evolution of complex laws and regulations governing information technology.
At Torkin Manes, our team of leading lawyers excel at navigating the multifaceted technology landscape from the perspective of a developer and user, as well as a buyer or seller of a technology company. Regardless of the vantage point, we understand the nuances from all sides of a transaction. We employ a strategic and practical approach and invest time to familiarize ourselves with our clients’ unique products and services before advising and negotiating on their behalf.
We leverage our strong business acumen, negotiation skills and specialized knowledge of the industry and our clients’ specific needs to identify business issues involved in negotiating the development and use of mission-critical technology components and how to approach those issues to help clients optimize their chances of success.
Due to the multidisciplinary nature of technology, we draw from the expertise of our lawyers in other practice areas, including corporate/commercial, intellectual property, advertising and marketing, privacy, health, employment and litigation, to ensure we provide our clients with comprehensive counsel that responds to their every legal need while protecting their assets and best interests. The depth of our expertise allows us to provide innovative and practical legal guidance at all stages of your technology strategy including: (i) advise on matters related to regulatory compliance (including but not limited to privacy compliance and anti-spam compliance); and (ii) assist clients with technology related transactions.
Our lawyers are practical. To support users of technology, we understand the business issues involved in negotiating the development and use of mission-critical technology components. To support buyers or sellers of technology companies, our lawyers understand the valuation metrics for intangible assets.
Our clients range from emerging technology innovators, to well-established companies who are leaders in their fields, to investors in technology. We also act for various government entities and agencies and financial institutions. We understand and service the entire life-cycle of technology businesses, from their inception, through the growth stages (through financings and channel growth) to exit. We ensure that clients setting up new companies are protected by the right business structures for the technology field. Our Group excels in preparing and negotiating the complete range of agreements necessary for licensing, developing, distributing, commercializing, using, and maintaining technology. We have significant experience in the purchase, sale and financing of technology and technology-enabled companies, both at home and abroad. We routinely advise on technology development and procurement transactions, business process outsourcing transactions and systems development transactions.
Some of our many Technology services include:
- Internet-related, mobile-commerce and electronic-commerce agreements, including website development and maintenance agreements, online retail agreements, online storage agreements, hosting agreements, infrastructure services agreements, online payment agreements, website terms and conditions
- Cloud-based agreements (SaaS/PaaS/IaaS/Storage as a Service)
- Advice related to technology procurement
- Agreements for licensing, reselling, distributing, developing, outsourcing, maintenance and support of technology
- Agreements for master services, consulting and services
- CASL compliance advice
- Unsolicited Telecommunications Rules compliance advice
- Blockchain and ‘smart contracts’
- Artificial intelligence and other innovative and emerging technologies
- Advertising and marketing compliance regarding traditional digital platforms, including influencer marketing; social media marketing; telephone, e-mail and mobile marketing
- Payments industry compliance, including compliance with respect to Canada’s anti-money laundering and terrorist activity financing laws and retail payments supervision
- Intellectual property protection
- Joint venture arrangements
- Procurement matters
- Purchase and sale of technology companies or assets
Privacy, Cybersecurity & Data Management
With the growth of electronic/mobile commerce and data storage, privacy, cybersecurity and data management issues have become major factors of doing business in Canada and globally.
Torkin Manes’ multidisciplinary Privacy, Cybersecurity & Data Management Group concentrates on giving clients timely, balanced and practical advice with respect to compliance with the Canadian private sector, public sector and the health industry privacy landscape. We work with our Canadian and international clients to develop and operationalize privacy compliance programs, which may include data breach management and privacy training. We have extensive experience advising national and international clients on privacy and data related issues in the course of corporate transactions and negotiations, trans-border data transfers, and intra-corporate data transfers.
Our Group has special expertise in health-related privacy issues. We routinely advise clients, including long-term care and retirement facilities, insurers, and employers, on compliance with applicable privacy legislation in Canada, including how to respond to requests for disclosure of personal health information. Our practice is cross-disciplinary. We regularly work closely with our clients to ensure their marketing and advertising programs are aligned with the privacy laws, anti-spam laws, and other applicable laws. We also counsel emerging and well-established companies with respect to the design and implement new and existing data-driven products and services. We advise how to leverage data at each stage of its lifecycle to ensure compliance while maximizing value.
We represent clients in matters related to breach of privacy, intrusion upon seclusion, and other privacy claims.
Some of our many Privacy and Data Management services include:
- Managing data breaches
- Preparing data transfer agreements
- Drafting privacy policies, procedures, and operational manuals to assist clients in ensuring that policies and procedures are compliant with applicable privacy legislation
- Preparing access to information requests and responses
- Developing data mapping of personal information processing
- Providing customized privacy training to clients and their employees (including privacy officers)
- Advising on CASL compliance (including auditing client organization’s current marketing and communications practices for CASL compliance) and developing CASL compliant processes and procedures for clients
- Representing clients before the Canadian Radio-television and Telecommunications Commissioner in the context of proceedings under CASL
- Managing privacy compliance across borders, including intra-company data processing and transfer agreements
- Crafting data management policies, data retention policies and privacy policies
- Advising on online/social media privacy issues
- Conducting privacy due diligence
- Advising on issues around the collection, use, and disclosure of health information
- Representing clients before privacy commissioners, whether provincial or federal, in the context of complaints, inquiries and investigations
- Representing clients before the courts in applications for judicial review from decisions of privacy commissioners
- Representing clients before the courts in privacy related matters
- Advising on workplace privacy related issues
- Advising on issues related to the processing of personal information for use by artificial intelligence technologies and other innovative technologies