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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

It’s hard to sue a robot: product liability considerations and AI in Canada

Canadian Lawyer Online - IT Girl Column It is now unclear how and if the existing Canadian legal framework will apply to damages or losses resulting from AI use or operation.
Sep 18, 2018
Article

The limits of intelligence collection

Canadian Lawyer Online - IT Girl Column A recent decision of the Federal Court has confirmed that, under its existing legislation, the Canadian Security Intelligence Service cannot obtain wa...
Aug 20, 2018
Article

No fly zone- new PIPEDA guidance on inappropriate data practices

On May 24, Canada’s federal privacy regulator, the Office of the Privacy Commissioner, released a critical interpretation document intended to g...
Jun 21, 2018
Article

Brave new world: some legal considerations in using AI and IoT Systems

Canadian Lawyer Online - IT Girl Column Artificial intelligence and the Internet of Things are hot subjects (and buzzwords) for lawyers in 2018. Beyond the hype, however, lies a plethora of ...
May 15, 2018

News & Media

Firm News

Torkin Manes is proud to support the 13th Annual Canadian Lawyer InHouse General Counsel Roundtable on the use of technology in-house

Hosted by Torkin Manes, the 13th annual General Counsel Roundtable focused the conversation on the impact of technology on in-house departments. ...
Jul 26, 2018
Firm News

Lisa Lifshitz honoured with 2018 Lexpert Zenith Award

Congratulations to Lisa Lifshitz, partner at Torkin Manes and one of Canada’s leading lawyers specializing in the areas of information technolog...
Jun 21, 2018

Lisa Lifshitz considers the polarizing issues surrounding the 'Cloud Act' in Canadian Lawyer

Perhaps the one thing that everyone can agree upon is that the Cloud Act is one of the more controversial pieces of legislation passed in the U.S. to ...
Apr 17, 2018

Myron Mallia-Dare to speak at Queen's Blockchain Innovation Community panel series on April 7th

With panellists from a diverse range of professional and academic backgrounds, Kingston Blockchainers and Queen's Blockchain Innovation Community is e...
Apr 3, 2018

Events

Cloud 3.0 – Drafting and Negotiating Effective Cloud Computing Agreements

Lisa Lifshitz is the leader of a day-long course on best practices in negotiating and structuring cloud computing agreements. In addition to leading t...
Dec 7, 2017: 09:00 - 18:00

Cloud 3.0 – Drafting and Negotiating Effective Cloud Computing Agreements

Lisa Lifshitz is the leader of a day-long course on best practices in negotiating and structuring cloud computing agreements. In addition to leading t...
Nov 9, 2016: 09:00 - 18:00

The 2016 Information Technology Law Spring Forum

Lisa R. Lifshitz will be co-chairing and speaking at The 2016 Information Technology Law Spring Forum. This annual conference seeks to provi...
May 16, 2016: 08:00 - 17:00
May 4, 2015: 09:00