Privacy and Data Protection

In an evolving legal landscape, our clients benefit from the clarity we bring to complex and novel matters. As technological advances have fundamentally changed the availability, nature, volume and storage of information about identifiable individuals, governments in Canada have responded with a patchwork of national, provincial, municipal and industry-specific privacy and data security laws. Clients turn to us because we stay abreast of evolving laws and regulations to make regulatory compliance a dauntless process. 

Our Group routinely drafts bespoke privacy policies and procedures. We advise on privacy, data protection and cybersecurity issues in complex commercial transactions, in particular as they relate to data residency, data protection, hosting and security requirements. We have extensive experience helping businesses negotiate privacy and security sensitive transactions, such as outsourcing and services agreements. We are proactive and bring a commercially sensitive and pragmatic approach to these issues, both in transactions and in advising our clients on the day-to-day privacy, data protection and anti-spam compliance issues they encounter. 

In data breach situations, Goodmans Privacy and Data Protection Group provides a measured and time-sensitive response, balancing legal, regulatory, public relations and operational considerations. We have helped many organizations navigate ransomware attacks, mischief-making, and the illicit copying or alteration of sensitive data by hackers and disgruntled employees. We apply our multi-faceted expertise to:

• advise whether the authorities must be notified of the breach and other evolving legal requirements
• explore any cross-border issues
• address contractual obligations and risks, including with respect to confidential information and intellectual property
• work with public relations professionals to balance legal and public relations risks
• interface with regulators and the police
• deal with any resulting litigation, including class-actions
• address the applicability of insurance
• advise concerning the liability of directors and officers
• assist you to minimize future breach incidents