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The Practitioner’s Guide to Privacy in M&A

This is the first Canadian book to specifically examine, and offer solutions to, the privacy issues that can arise during a mergers and acquisitions (M&A) transaction.

Langue de publication: English

Publié: 25 octobre 2024

Éditeur: LexisNexis Canada

Format du produit Détails Qté
Livre
185,00 $
En inventaire ISBN: 9780433531098
Softcover | 290 pages

 

Privacy concerns are increasingly at the forefront of business leaders’, consumers’ and the media’s attention. And when it comes to deal attorneys scoping out a new transaction, the situation is no different.

The Practitioner’s Guide to Privacy in M&A is the first Canadian book to specifically examine, and offer solutions to, the privacy issues that can arise during a mergers and acquisitions (M&A) transaction. It is intended to provide the background necessary to help practitioners in their structuring and negotiation of a commercial transaction, in the drafting of the necessary paperwork, and in the resolution of post-closing or transitional challenges.

The text is divided into two parts:

  • Part I: Specific privacy-related issues that can arise during a commercial transaction – personal health information, employment records, cybersecurity, cross-border data transfers, data breaches, and more
  • Part II: Solutions to address these privacy-related issues specific to M&A at the pre-, during-, and post-closing stages – preliminary considerations, due diligence, representation and warranty insurance, and more

The authors demonstrate that the risk of encountering a serious privacy breach can be reduced through solid governance programs based on compliant policies, procedures, training and regular testing.

Who Should Read This Book
The Practitioner’s Guide to Privacy in M&A will serve as a valuable resource for lawyers practicing in M&A, in-house counsel, legal advisors and business professionals working anywhere in Canada. It will assist readers to identify, address, and mitigate the principal privacy issues that can arise in the context of a merger and acquisition transaction.

Contributing Authors
Andrea Kroetch
Sara Shayan
Ian Trimble
Charif El-Khouri
Vanessa Coiteux
Stéphane Rousseau
Eliot Kolers
Andrew Cunningham
Marjorie Bouchard

Introduction: Privacy and Personal Information – Danielle Miller Olofsson and David Elder

Part I: The Privacy Landscape in Canada

Chapter 1: The Intersection of Intellectual Property, Data Protection and Privacy – Andrea Kroetch

Chapter 2: Marketing and Big Data – David Elder

Chapter 3: Privacy and Information Technology – Sara Shayan

Chapter 4: Personal Health Information – Ian Trimble

Chapter 5: Privacy and Employment: A House of Many Mansions – Charif El-Khouri

Chapter 6: Privacy and Other Sectoral Laws – David Elder

Chapter 7: Privacy and the Public Sector – Danielle Miller Olofsson

Chapter 8: Cybersecurity Governance – Vanessa Coiteux and Stéphane Rousseau

Chapter 9: Cross-Border Data Transfers – Rachel Zuroff

Chapter 10: Administrative Safeguards: PIAs, AIAs, DPAs and DTAs – Danielle Miller Olofsson

Chapter 11: Data Breaches and Litigation – Eliot Kolers, Andrew Cunningham, Danielle Miller Olofsson, Rachel Zuroff and Marjorie Bouchard

Part II: Privacy in M&A

Chapter 12: Preliminary Considerations – Kevin Kyte and Trevor Rowles

Chapter 13: Transaction Exemptions Under Canadian Privacy Laws – Trevor Rowles

Chapter 14: Due Diligence – Danielle Miller Olofsson and David Elder

Chapter 15: The Purchase Agreement – Kevin Kyte

Chapter 16: Post-Closing and Transition Services Agreement – Kevin Kyte and Trevor Rowles

Conclusion – Danielle Miller Olofsson and Kevin Kyte

Table of Cases

Table of Statutes

AUTEURS À LA UNE