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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

California now has toughest law in U.S. for the collection of personal information

Canadian Lawyer Online — IT Girl Column If you work at a company that engages in cross-border transactions involving consumers, including in California, brace yourself – some additiona...
Sep 16, 2019
Book

Artificial Intelligence in Canada

Chapter author in Law of Artificial Intelligence and Smart Machines: Understanding A.I. and the Legal Impact How will the law change to accommodate the role of artificial intelligence in society and how much of that change has occurred already? When machines ...
Aug 20, 2019
Presentation

Cyber Security and Personal Data

Moderator, World Legal Summit, Toronto
Aug 1, 2019
Presentation

Autonomous Machines

Panelist, World Legal Summit, Toronto
Aug 1, 2019

News & Media

Firm News

Torkin Manes shortlisted by Chambers Canada for the 2019 Regional Law Firm of the Year Award

Chambers Canada Torkin Manes is honoured to be shortlisted by Chambers & Partners in the category of Regional Law Firm of the Year for the 2019 Chambers Canada Aw...
Sep 18, 2019

Torkin Manes named Regional Law Firm of the Year at the 2019 Chambers Canada Awards

Chambers and Partners Torkin Manes is proud to announce that our firm has been recognized as the Regional Law Firm of the Year by Chambers and Partners at the 201...
Sep 17, 2019
Firm News

Torkin Manes lawyers featured in The Best Lawyers in Canada© 2020

The Best Lawyers in Canada We are pleased to announce that 24 of our partners have recently been recognized as leaders in their respective fields in the latest edition of T...
Aug 21, 2019
Firm News

Lisa R. Lifshitz recognized by Who's Who Legal as a Thought Leader for Data

Who's Who Legal Congratulations to Lisa R. Lifshitz, a partner in our Business Law Group, specializing in the areas of information technology and business law and the...
Aug 20, 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

Managing Data Breaches

Lisa R. Lifshitz of our Technology, Privacy & Data Management and Emerging Technology Groups hosted a webinar on Thursday, January 24, 2018 on the...
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

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