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Technology, Privacy & Data Management

Printable Summary

Understanding and using technology effectively is a critical component of any successful business today. If you are a developer of technology, you need lawyers who understand the unique nature and value of your products. If you are a user of technology, you need lawyers who understand the business issues involved in negotiating the development and use of mission-critical technology components. If you are a buyer or seller of technology companies, you need lawyers who understand the valuation metrics for intangible assets. No matter what your participation in the technology field, you need lawyers who monitor the constant changes to the complex array of laws and regulations governing information technology.

This combination of expertise crosses legal disciplines, which is why Torkin Manes’ Technology Group combines corporate/commercial, technology, privacy, health, employment and litigation expertise—to protect your assets and your best interests. We have particular expertise in the unique challenges of cloud computing, with its questions of data security, ownership, and jurisdiction.

Our clients range from emerging technology innovators, to well-established companies who are leaders in their fields, to investors in technology. 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)
  • Agreements for licensing, reselling, distributing, developing, outsourcing, maintenance and support of technology
  • Agreements for master services, consulting and services
  • CASL compliance advice
  • Intellectual property protection
  • Joint venture arrangements
  • Procurement matters
  • Purchase and sale of technology companies or assets

Privacy & Data Management

With the growth of electronic/mobile commerce and data storage, privacy and data management issues have become major factors of doing business.

Canada and other jurisdictions have responded to consumer concerns with an array of legislative protections for personal information. Compliance with such legislative changes as Canada’s Anti-Spam Legislation (CASL) has become a top priority for organizations that gather and store customers’, members’, or employees’ personal information as part of their business.

Torkin Manes’ multidisciplinary Privacy & Data Management Group concentrates on giving clients timely, balanced and practical advice. We assist Canadian and international clients with privacy compliance programs, data breach management, and privacy training. We often advise national and international clients on privacy issues in the course of corporate transactions and negotiations, trans-border data transfers, and intra-corporate data transfers. We assist in privacy due diligence in cross-border and cross-provincial transactions.

Our Group has special expertise in health-related privacy issues. We routinely advise clients, including pharmaceutical companies, long-term care and retirement facilities, insurers, and employers, on compliance with all aspects of Ontario's Personal Health Information Protection Act, Personal Information Protection and Electronic Documents Act and the Freedom of Information and Protection of Privacy Act, including how to respond to requests for disclosure of personal health information.

We assist clients with the preparation and implementation of data retention policies, workplace privacy policies and procedures and management of employee privacy issues. We represent clients involving claims of breach of privacy and intrusion upon seclusion. Members of our Privacy & Data Management Group are also intimately familiar with the various private sector federal, provincial and municipal privacy acts that make up the Canadian privacy landscape.

Some of our many Privacy and Data Management services include:

  • Managing data breaches
  • CASL compliance
  • Managing privacy compliance across borders
  • Crafting Data management policies, data retention policies and privacy policies
  • Online/social media privacy issues
  • Privacy due diligence
  • Protecting health information
  • Staff training
  • Workplace privacy protection

Publications & Presentations

Article

Federal Court makes clear: Website scraping is illegal

Canadian Lawyer Online — IT Girl Column As a general rule, we all know it is not a good idea to scrape content from a website, yet some companies persist in this behaviour contrary to law an...
May 13, 2019
Presentation

The Privacy and Security Challenges of New Technologies

PLI Privacy and Data Security Law Conference, May 6, San Francisco and June 7, Chicago  
May 6, 2019
Article

The many lessons of the Equifax data breach

Canadian Lawyer Online — IT Girl Column In a sweeping and detailed report of findings in the Equifax decision released on April 9, 2019, the Office of the Privacy Commissioner of Canada, sev...
Apr 15, 2019

News & Media

In the News

Toronto tech conference Collision could be a hub for investment deals — Myron Mallia-Dare speaks to the Law Times about the high-profile conference

Law Times Toronto is hosting a high-profile technology conference this week, and several lawyers say they’ll be on site to help clients meet with investor...
May 22, 2019
In the News

Lisa Lifshitz speaks to Canadian Lawyer about the importance of lawyers increasing cybersecurity resources

Canadian Lawyer Nearly nine in 10 Canadian lawyers plan to increase cybersecurity resources within their firms in order to keep sensitive data safe from breaches, whi...
Apr 29, 2019
Firm News

Congratulations to our lawyers recognized in The 2019 Canadian Legal Lexpert Directory

The 2019 Canadian Legal Lexpert Directory Torkin Manes is pleased to announce that several firm lawyers have been named as leaders in their fields in The 2019 Canadian Legal Lexpert Direc...
Apr 24, 2019
In the News

Privacy protection at issue in pot purchases — Lisa Lifshitz speaks to the Law Times

Law Times Protecting the identity and financial information of those who purchase marijuana is one of the primary concerns of the nascent retail market for rece...
Mar 12, 2019

Events

Lisa R. Lifshitz to speak at the ABA’s Business Law Section Spring Meeting, March 29th in Vancouver

Lisa R. Lifshitz, chair of our Emerging Technology, and Technology, Privacy and Data Management Groups, will be speaking on “AI in Canada”...
Mar 29, 2019: 00:00

Privacy and Policy: Protecting Your Business

Join Myron Mallia-Dare at the upcoming Lunch & Law on February 25th to learn about the importance of privacy, how technology companies and startup...
Feb 25, 2019

Cybersecurity Webinar Series

Lisa R. Lifshitz and Myron Mallia-Dare of our Technology, Privacy & Data Management and Emerging Technology Groups hosted a  Cybersecurity We...
Jan 22, 2019 - Jan 24, 2019

Managing Cybersecurity Risk

Please join us for a continuing education seminar on the following topics of key relevance to your business. For more information or to register, plea...
Nov 14, 2018: 08:00 - 11:30