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Transborder Data Flow Consent Standard is Reaffirmed

The Office of the Privacy Commissioner of Canada (OPC)'s report, Personal Information Protection and Electronic Documents Act (PIPEDA) Report of Findings #2019-001, issued April 9, 2019, into the Equifax hack, created...more

Meaningful Consent: An Evolving Standard under Canadian Privacy Law

As the digital landscape evolves, and the commoditization of personal information increases, expectations as to what constitutes appropriate consent for the collection, use and disclosure of personal information in Canada are...more

Limitation Period for Damages Claims under Personal Information Protection Act (Alberta)

The Alberta Court of Appeal in Moore’s Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta) applicable to a claim for damages under section 60 of the...more

Organizations Can Expect Increased Canadian Regulation for Privacy Violations

Violations of privacy–already regulated by the Office of the Privacy Commissioner of Canada (as well as provincial privacy regulators)–may also soon be regulated by Canada’s Competition Bureau. In a statement yesterday at the...more

Canada Digital Charter Announced

The federal government has launched Canada’s new Digital Charter that comprises 10 broad principles to govern the use of data in the digital world. The stated purpose of the Digital Charter is to guide dialogue around changes...more

B.C. Privacy Commissioner Issues Guidance Regarding Cannabis Transactions

Following the recent legalization of cannabis, private retailers are open for business from coast to coast. While cannabis remains illegal in other jurisdictions, cannabis users' personal information is highly sensitive. In...more

Understanding the GDPR—Comparing Consent Provisions to PIPEDA, PIPA and CASL

The European Union’s General Data Protection Regulation (GDPR) came into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to this legislation, the following is...more

Understanding the GDPR: A Comparison Between the GDPR, PIPEDA and PIPA

The European Union’s General Data Protection Regulation (GDPR) will come into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to same, the following is intended to...more

Electrical Infrastructure Standards Updated to Meet Cybersecurity Threat

A quote famously attributed to then FBI Director, Robert Mueller, in March 2012 advised that: “There are only two types of companies: those that have been hacked, and those that will be.”...more

Proposed Breach of Security Safeguards Regulations Under PIPEDA have been Released

The Canadian federal government released the proposed Breach of Security Safeguards Regulations under Personal Information Protection and Electronic Documents Act (PIPEDA) on September 2, 2017....more

Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty

Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations should carefully review...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Towards the Creation of IT Security Standards for the Alberta Oil and Gas Industry

In its first public report of 2016, the Office of the Auditor General of Alberta reviewed, among other things, IT security for industrial control systems used in Alberta’s oil and gas industries (Report of the Auditor General...more

Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs

An organization’s information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate “bring your own...more

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

Alberta Court of Appeal Affirms Sanctity of Solicitor-Client Privilege under FOIPPA

In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system. At issue was whether the Freedom...more

Alberta’s Personal Information Protection Act Violates Charter

The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual’s right to control their information in a public setting, striking down the...more

Technology Licenses in the Context of a Licensor's Bankruptcy and Insolvency

Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts...more

The Supreme Court of Canada Provides Guidance on Random Alcohol Testing

In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to...more

Canada Modernizes Copyright Legislation

Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more

11/13/2012
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