Counsel Services
Privacy and Access
- Privacy compliance advice including requirements for existing and new projects, relationships, initiatives and technologies
- Privacy compliance documentation including privacy policies, procedures, access protocols, consent and collection documentation, breach and incident response protocols
- Requests for access to personal information including processing protocols and exemptions
- Public sector access to information requests including exceptions and objections; appeals
- Cross-border data transfer compliance requirements (including notices and contract provisions)
- Employee privacy compliance including surveillance, email policy, sale of business and employee privacy policies
- Data sharing agreements and electronic health networks
- Outsourcing, service provider contract arrangements including privacy compliance contract clauses
- Business transaction compliance
- Incident and breach-response
- Dispute resolution, privacy complaints and investigations by privacy commissioners
- Social media compliance issues including viral marketing, due diligence and social media policies
Anti-Spam (CASL)
- Compliance requirements including developing and assisting in review of compliance strategies
- Review of compliance determinations for existing databases
- Qualification for exemptions and strategies for maintaining qualification
- Compliance documentation, permitted communications and templates
- CASL compliance program and infrastructure requirements
- Development of policies, procedures and controls
- Audits and due diligence requirements
- Interfacing with regulators (CRTC, privacy commissioner, competition bureau) to obtain guidance/clarification with respect to the law and compliance requirements
- Dispute resolution, investigations, consumer complaints
Data Breach
- Breach avoidance and due diligence criteria
- Incident and breach-response counsel
- Development of breach and incident response protocols
- Regulatory compliance and required filings
Marketing and advertising
- Marketing program approval/compliance
- Product approval and compliance
- Competitive advertising and product claims
- Distribution arrangements and compliance
- Promotions
- Advertising/marketing agency agreements; supplier agreements
- Digital media/web site/social network compliance
- Privacy compliance
- Email and telemarketing compliance
- Product safety compliance
- Incident/product liability/recall response and management
- Intellectual property compliance
Regulatory compliance
- Product compliance
- Marketing campaign compliance – regulated activities (personal information, insurance, personal health information, e-mail marketing, telemarketing)
- Professional practice compliance (health sector; regulated products/services)
- Regulated industries compliance (insurance; financial; electricity)
- Organizational compliance –information management including document retention and destruction policies, procedures
- Due diligence requirements to meet regulated industry/statute requirements including policies, procedures, compliance documentation
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