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