Stikeman Elliott
Privacy & Data Protection

Privacy and data protection have become increasingly important considerations for corporations. Stikeman Elliott's Privacy Group is well regarded for developing innovative solutions to the challenges presented by the privacy and data protection laws in Canada, at both the federal and provincial levels. We help our clients understand the Canadian data protection regulatory scheme and work with them to develop compliant practices and programs for all applicable privacy jurisdictions across Canada.

Stikeman Elliott has extensive experience in:

  • Conducting privacy audits and developing privacy compliance programs

  • Developing customer privacy policies and practices

  • Employee and employment privacy issues

  • Health information issues

  • Drafting and negotiating contractual protections regulating the use of personal and confidential information

  • Managing data protection and confidentiality issues that arise in the context of public and private financings, mergers and acquisitions and other corporate transactions

  • Providing opinions with respect to the application of Canadian privacy statues to various organizations, activities and jurisdictions

  • Litigation matters and risk management relating to the protection of personal information and confidential information

  • Advising in respect of the collection and use of personal information in the context of promotional contests and other direct marketing campaigns.

Stikeman Elliott's Privacy Group provides advice on both transactional and day-to-day compliance matters for a number of organizations. We have assisted clients across a wide spectrum of industries with their data protection concerns, including:

  • Financial institutions
  • Telecommunications providers
  • Manufacturers and distributors
  • On-line service providers
  • Health care providers and pharmaceutical companies
  • Resource based organizations
  • Data collection agencies
  • Insurance companies and brokerage firms
  • Technology companies

Representative Experience

Our experience in providing advice on privacy and data protection issues includes:

  • Counsel to a Canadian retailer with respect to the transfer of prescription records to a purchaser of the assets of the retailer's pharmacy business.

  • Counsel to a medical clinic with respect to the transfer of patient files to a physician acquiring the practice.

  • Counsel to a U.S. retailer in connection with a significant privacy breach and a joint investigation by the Office of the Information and Privacy Commissioner (Alberta) and the Office of the Privacy Commissioner of Canada.

  • Counsel to an on-line retailer in connection with privacy law issues and privacy complaints filled with the Office of the Information and Privacy Commissioner (Alberta) and the Office of the Privacy Commissioner of Canada.

  • Counsel to U.S. retailers expanding into Canada in connection with privacy law issues and compliance.

  • Counsel to TJX Companies, Inc. in its settlement of a class action related to breach of data security and advising with respect to post-settlement compliance.

  • Advising companies in the financial and other sectors on privacy law issues.

  • Advising clients on privacy law issues in connection with M&A transactions.

  • Advising a range of clients with respect to the impact of recent privacy-related jurisprudence on their organizations.

  • Advising clients with respect to the availability of government held and client-submitted documentation under the Access to Information Act.

  • Acting as Special Digital Privacy Counsel to the Canadian Marketing Association with respect to privacy issues arising from online marketing and advertising.

  • Advising clients on the progress and impact of privacy legislation and legislative reviews, as well as other privacy-related legislative initiatives (e.g. Canada's Anti-Spam Legislation; Child Pornography Reporting Legislation, SC 2011, c. 4)

  • Advising clients with respect to privacy issues connected with lawful access to communications services.

Related Practices
Key Contacts

Catherine Jenner
Patrick L. Benaroche

Wesley R. Ng

Gary T. Clarke

David B. Elder 
Related Publications