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Theo Ling

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On June 5, 2018, the Government of Canada announced via news release the launch of a review of Canada’s Telecommunications Act, Broadcasting Act and Radiocommunication Act, to modernize Canada’s communication legislative framework. The review will be carried out by a panel of seven members from law, business and academics, and will conclude with the publishing of a final report by January 31, 2020. The scope and objectives of the review are set out in Terms…

In Canada, the federal Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”) applies to the collection, use or disclosure of personal information in the course of commercial activities. A commercial activity is defined as, essentially, any transaction, act or conduct that has a “commercial character.” To the extent that organizations engage in the sale of goods or services, or otherwise engage in commercial activities, any personal information collected, used…

Last September, we advised that Innovation, Science and Economic Development Canada (“Canada’s Department of Industry”) had released proposed security breach notification regulations under Canada’s federal private sector privacy law – the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”) (the “Proposed Regulations”).While the Government of Canada has not provided a public update on the status of the Proposed Regulations, the Governor General in Council (i.e. cabinet) issued an Order…

Canada’s private sector privacy legislation, which was enacted in the year 2000 and was fully in force by 2004, is known as the Personal Information Protection and Electronic Documents Act (“PIPEDA”).Under PIPEDA, the portion of the statute that addresses privacy and personal information (i.e. Part 1) requires a parliamentary review every five years. In May 2007, the Canadian House of Commons’ Standing Committee on Access to Information, Privacy and Ethics (the “Committee”) tabled in the…

Over the past few decades, supply chain management has benefited immensely from technological advances that have made it easier and faster to transport cargo from one place to another. However despite these advances, supply chains continue to face challenges when it comes to tracking cargo, ensuring the integrity of cargo and holding members of the supply chain accountable for cargo, as it moves from one participant in the chain to the next. Blockchain has the…

Organizations have long generated a large amount of information across many functional areas including accounting, finance and tax, human resources, client relations, marketing, and legal.The amount of data generated in the digital age is simply massive. The image below illustrates what happens on the Internet every 60 seconds. New challenges, innovative technologies, and their related buzzwords are continually emerging: Cloud, Big Data, Machine Learning, Artificial Intelligence (AI), and Blockchain. Data is the driver in all…

Earlier this month, Innovation, Science and Economic Development Canada (“Canada’s Department of Industry”) released its proposed data breach notification regulations under Canada’s federal private sector privacy law – the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”) (the “Proposed Regulations”).The government of Canada is accepting public comments on the Proposed Regulations until the end of September 2017.Legislative BackgroundIn Canada, PIPEDA applies to the collection, use or disclosure of personal…

The EU General Data Protection Regulation 2016/679 (GDPR) takes effect May 25, 2018. Organisations are racing to get their houses in order to comply with its strict data protection requirements. When it comes to personal data, individual privacy rights have far-reaching implications at the enterprise level. Yet compliance hinges on quality information governance practices when it comes to data processing and management. Under the GDPR, enterprises must be able to demonstrate that they have implemented…

Blockchain technology has the potential to revolutionize how financial institutions record, process, report and verify financial transactions. Many large financial institutions have already begun to invest in the technology. As momentum behind blockchain continues to grow, new services applying or leveraging the blockchain information will proliferate. Laws will need to address the various financial activities that will be shifted to blockchain technology.Blockchain employs distributed ledger technology. Nodes across the blockchain network apply every transaction to…

The conversation about the use of digital currencies is far from over, but increasingly blockchain, the technology behind the new generation of cryptocurrencies, is gaining recognition. Blockchains automate interactions, allowing parties to a transaction to bypass the necessity of third parties for the management and enforcement of financial transactions. The technology has received increased attention because it allows for irreversible transactions across open networks with minimal risk of interception. The decentralised nature of a blockchain…