Tag archives: privacy breach

Data privacy in M&A: new reporting and notification requirements

It is time for organizations to think ahead and prepare for new requirements imposed under the Digital Privacy Act (formerly known as Bill S-4). The new requirements, which will result in significant amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA), will come into force on November 1, 2018.

The new requirements impose mandatory reporting and notification for data breaches. Once in force, organizations subject to PIPEDA will be required to notify the Privacy Commissioner of Canada (the Commissioner) and affected individuals in the event of a data breach. Organizations must do so if the … Continue Reading

Legal update: new European data privacy law comes into force on May 25, 2018

On May 25, 2018 the European Union’s General Data Protection Regulation (GDPR) will come into force. The GDPR will create new requirements for Canadian companies that handle the personal information of European individuals. The GDPR also allows for heavy penalties to be imposed on organizations that fail to comply with this new regulatory regime. Based on this, Canadian companies who are involved in M&A transactions should be sure to determine whether the GDPR applies to a target and carefully consider the risks associated with non-compliance.

The GDPR regulates the processing by an individual, a company or an organization … Continue Reading

Privacy breaches and M&A transactions: the importance of due diligence and doing it cautiously

world-mapData and privacy breaches have garnered much media attention as of late and the list of companies that have experienced a breach is mounting. The potential costs to companies resulting from large-scale privacy breaches are immeasurable. In addition to the costs associated with resulting litigation (often in the form of privacy breach class actions), publicized breaches come with reputational harm.

As a result, companies and organizations considering M&A must be alive to privacy issues and privacy laws. While appropriate due diligence can help guard against liability for privacy breaches, companies should be aware that there are privacy risks associated with … Continue Reading

LexBlog