Lexis Nexis The Practitioner’s Guide to Privacy in M&A
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Détails des produits
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
Table des matières
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
