Events News

Webinar: Complying with Canada’s Upcoming Breach Notification Requirements (August 29)

I will participate, with Eduard Goodman, Global Privacy Officer for Cyberscout, at a webinar taking place on Tuesday, August 29, at 11 am PT / 2 pm ET on the management of cybersecurity breaches and notification requirements. The amendments to PIPEDA – through the Digital Privacy Act – will require private-sector organisations doing business in Canada to notify […] Read more


Mandatory Reporting of Privacy Breaches to the Information and Privacy Commissioner now required under the Personal Health Information Act

In June 2016, the Personal Health Information Protection Act (PHIPA) was amended to require that custodians provide notice to the Information and Privacy Commissioner of Ontario if the circumstances surrounding a theft, loss or unauthorized use or disclosure met certain requirements. In June yhis year, the regulations setting out those circumstances were published and are […] Read more


​Google Inc. v. Equustek Solutions Inc.: Supreme Court Gives the Green Light to Global Orders to Take Down Search Results

The Supreme Court of Canada confirmed for the first time last week in Google Inc. v. Equustek Solutions Inc. that Canadian courts can order the worldwide removal of search results. I have co-authored a bulletin on this topic with Julien Boudreault, which is summarized below. Overview In a divided decision (7-2), the Court upheld an interlocutory […] Read more


Douez v. Facebook : The Supreme Court of Canada confirms that a business cannot contract out of the local privacy law

On June 23rd, 2017, the Supreme Court of Canada issued a decision in Douez v. Facebook on the enforceability of forum selection clauses in online contracts which will significantly affect the legal risks of businesses employing the Business to Consumer (B2C) revenue model. The divided Court rejected Facebook’s effort to block a privacy class action […] Read more


Legal Privilege for Data Security Incident Investigation Reports

My partner Brad Freedman recently published a short article on Legal Privilege for Data Security Incident Investigation Reports. Data security incident response activities usually involve the creation of sensitive communications and documents that might be subject to legal disclosure obligations unless they are protected by legal privilege. An organization’s ability to assert legal privilege over a communication […] Read more


Canada’s Anti-Spam Legislation: Preparing for the End of Special Transition Rule for Implied Consent to Receive CEMs

On July 1, 2017, contraventions of Canada’s Anti-Spam Legislation (commonly known as “CASL”) will be subject to enforcement through private litigation, including class proceedings. On the same day, certain implied consents to receive commercial electronic messages, which are based on a special transition rule, will expire. Organizations should take steps now to verify their CASL […] Read more