Privacy and Data Protection
Goodmans Privacy and Data Protection Group provides clear advice and roadmaps to help our clients navigate Canada’s evolving privacy and data protection laws. Our lawyers routinely advise on complex, cutting-edge issues relating to cybersecurity, big data, artificial intelligence, biometrics and facial recognition technologies. We also provide practical advice on compliance with Canada’s anti-spam law (CASL), one of the most stringent laws of its kind in the world.
Importantly, our work is not confined to addressing only personal information – but all forms of information and data, which are valuable assets in a data-driven economy. We skillfully operate in an inter-jurisdictional context, often reconciling the privacy and data protection requirements of Canada, the United States, Europe and Asia. Our lawyers provide expert counsel on avoiding and mitigating regulatory and litigation risk. Where necessary, we are ready to actively litigate or resolve disputes on behalf of our clients and have litigated a number of Canada’s leading privacy-related commercial cases.
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
Anti-Spam and Malware
Freedom of Information
Mergers and AcquisitionsGoodmans LLP acted for Ideal, a leading talent intelligence software provider based in Toronto, Ontario in connection with its acquisition by Ceridian…
Privacy and Data ProtectionAnother chapter in the now decade-long saga of Douez v. Facebook was penned earlier this month as a British Columbia Court found Facebook liable for providing advertisers access to users…
TechnologyRichard Corley, Jessica Bishop and Peter Ruby co-authored the 1st edition of the International Comparative Legal Guide - Technology Sourcing 2021, Canada chapter. The Canada chapter covers common…
Banking and Financial ServicesOn April 30, as part of the 2021 federal budget, Canada’s Deputy Prime Minister and Minister of Finance (the “Minister”) introduced Bill C-30, An Act to implement certain provisions of the budget…
Dispute ResolutionThis week, the Canadian Federal Minister of Innovation, Science and Industry introduced for first reading in Parliament Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal…
Class ActionsA recent decision of the Ontario Superior Court suggests that judges are increasingly willing to certify class actions brought in respect of data breaches. That willingness, when combined with the…
Dispute ResolutionLast week, the Privacy Commissioner of Canada determined that Loblaw Companies Ltd. initially collected more personal information than it needed with respect to the $25 Loblaw gift cards it made…
News & Events
Banking and Financial ServicesWe are proud to announce we have once again been recognized in The Canadian Legal Lexpert Directory 2023.85 Goodmans lawyers have been recognized as top-tier in their fields and leaders across…
Privacy and Data Protection
Peter Ruby featured in "Canadian privacy proposal mixes elements of GDPR and CCPA", Global Data ReviewPeter Ruby was recently interviewed by Global Data Review on Canada's new proposed data privacy legislation.Ruby currently has had “virtually no” power to issue penalties, but this bill would…
Peter Ruby moderates the World Law Group Webinar: Artificial Intelligence and Intellectual Property ChallengesHosted by the World Law Group's Intellectual Property and Information Technology Group, Peter Ruby will moderate the webinar "Artificial Intelligence and Intellectual Property Challenges".The panel…