OTTAWA KITCHENER WATERLOO TORONTO ONTARIO INFORMATION COMMUNICATION TECHNOLOGY PRIVACY ONLINE INTERNET LAWYERS
The jury's still out on what to call the area of law that emerged in the 1970's with the advent of rudimentary connected electronic devices, expanded in the 1980's with the introduction of the desktop computer, and exploded in the 1990's with the invention of the Internet.
Why ICT Law Has Many Names
Some still call it Information Technology (IT) Law (sometimes shortened to Tech Law) or Computer Law, but they're really pre-Internet terms. Others call it Internet Law, Cyber Law, Web Law, and New or Digital Media Law, focussing on its online information angle. Simplest of all is likely Electronic Law (also Elaw). We use ICT Law to encompass all of the hardware, software, and content in use, both on and offline. Whatever you call it, it's a unique amalgam of complex contract law, privacy law, government regulation, and translational law.
Who We Help with ICT Law
Our firm assists ICT start-ups with all their legal needs, and established ICT businesses with ongoing operations & expansion, especially with resolving regulatory compliance and enforcement issues, and disputes with suppliers and clients.
How We Help With ICT Law
Our services include incorporation, shareholder agreements, contracts of all sorts, purchases and sales of tangible & intangible property, resolution of business disputes, and compliance with all government regulations including taxation, trade and licensing.
While based in Ontario, we have experience throughout Canada and around the world. Our background in transnational and transprovincial law enables us to assist clients with interjurisdictional issues which we know can become increasing complex when an electronically borderless world runs into longstanding legal national, provincial and state barriers.
Our Strength in Privacy Law
We offer expertise on Privacy Law, including:
advice and training to businesses, organizations, governments and individuals concerning privacy & information security obligations and rights under federal and provincial law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Fighting Internet Spam Act;
development of privacy and data protection policies, compliance with industry codes of conduct and reduction of liability exposure for privacy & information security obligations;
representation and advocacy in responding to government demands for information, subpoenas for testimony or documents at inquiries and other tribunal or court proceedings, search & seizure and electronic surveillance;
advocacy before government officials and the courts, including responding to or advancing claims before the Office of the Privacy Commissioner of Canada, as well as trial and appellate litigation in federal and provincial courts;
policy development concerning privacy and information security issues like international trans-border data transfers.
There is increasing and self-contradictory pressure on government to protect Canadians' privacy in the ICT sphere while at the same time facilitating the disclosure of user data for law enforcement and intelligence purposes. Private businesses can frequently be caught in the middle of the creation of conflicted government policy that demands protection of user data while simultaneously demanding that data be handed over to government on shifting legal authorities. Being on solid legal ground for both data protection and disclosure is vital in order to avoid civil action by users and government prosecutions.
The Information & Communication Technology (ICT) Lawyers
Gordon S. Campbell as the firm's Managing Lawyer heads the ICT practice group. He served as Canada's Director of E-Business Development with Industry Canada, where he led Canada's Internet and technology regulation policy, including being Director of Canada's cryptographic export control policy. He has been a delegate for Canada to Asia Pacific Economic Cooperation (APEC) forum and United Nations meetings on Internet governance and the promotion of trade in ICT goods. He also served as a Federal Crown Prosecutor with Justice Canada where his work involved technology-related regulatory and criminal investigations and prosecutions. He holds degrees in common law and civil law (McGill) and international relations and economics (Toronto - Trinity College). He is a member of the Law Society of Ontario, was previously called to the bar in British Columbia and Nova Scotia, and has practiced in every province and territory of Canada other than the Yukon.
Matthew MacLean as the firm's Senior Solicitor provides ICT clients with all their corporate commercial legal needs, including business creation & registration, intellectual property protection, and contracts for the sale or purchase of goods, services and real property. He holds degrees in common law and civil law (Ottawa) as well as political science (Ottawa). He is a member of the Law Society of Ontario.