Combining a national presence and cross-practice approach across industries, the Cyber/Data Group offers a 360° view of data and cyber strategy to deliver legal and business solutions that mitigate risks and unlock value-generating potential.

Data and digital trust are the new currency in business. With data breaches costing organizations a global average of $3.92 million[i] per incident and its long-tail costs and lost revenue greatly impacting highly regulated sectors, such as healthcare, finance and energy, data and cyber preparedness have moved beyond privacy and IT to enterprise-wide risk.

With immense experience in privacy, data protection and cybersecurity and a track record in advising key sectors on critical issues in novel and complex areas of law, McCarthy Tétrault’s Cyber/Data Group can help you navigate the privacy and data landscape to leverage the value of data, develop responsible AI practices, protect your organization’s assets and cement customers’ and clients’ digital trust.

Our integrated multi-disciplinary team works seamlessly across borders, advising global organizations through some of the largest cybersecurity incidents and regulatory investigations in Canadian history and is changing the state of Canadian privacy, cybersecurity and data law like no other firm.

Why McCarthy Tétrault

• Unparalleled Bench Strength – Our multi-disciplinary team includes top-tier commercial and regulatory lawyers, top-ranked litigators and legal innovators to give you comprehensive legal and business solutions across practices and sectors.
• Integrated Team – Our Cyber/Data Group works collaboratively across practices, industries, regions and borders. For example, working with practice groups like the Competition Law Group to advise global companies in cutting edge competition law matters relating to data or in tandem with industry groups such as Technology and Retail & Consumer Markets on industry-specific matters.
• Legal Thought Leaders – As cyber and data experts, members of the Cyber/Data Group are regularly asked to lead eminent associations, such as the iTech Law Association, contribute to publications, including Responsible AI: A Global Policy Framework, Technology Governance in a Time of Crisis and the Canadian chapter of the Global Privacy and Security Law, and speak at global privacy, data and cybersecurity conferences.
• Unrivaled Capabilities – A unique offering from Canada’s most innovative law firm, recognized by Financial Times Most Innovative Lawyers, our Cyber/Data Group leverages people, processes and technology to work seamlessly with our market-leading MT>Divisions, including our e-Discovery and information governance division MT>3 and our legal translation division MT>Version.
• Leading Litigators – Working with the Cyber/Data Group, McCarthy Tétrault’s Band 1 ranked Class Action Group is second to none in the country with experience and expertise in data breaches and alleged privacy violations.

Selected Services

• Cyber breach response and cyber readiness including our Incident Response & Readiness Plan Review solution
• Privacy and data protection compliance programs
• Regulatory investigations and complaints (privacy commissioners in all jurisdictions across Canada, the Competition Bureau, and the CRTC)
• Data trusts, data sharing and data licensing agreements
• Identity management
• Responsible AI
• Information governance
• Protection of data litigation (scraping, breach of confidence, copyright compilations)
• Class action defense
• Competition law
• Cyber insurance advising
• Cyber due diligence in context of transactions (impact of breach on valuations, risk factors etc.)
• Anti-spam compliance

Selected Experience

• Advising a leading Canadian financial services company on its response to the largest financial services sector data breach in Canadian history.
• Assisting a leading Canadian health services provider, regarding its response to the largest data breach in Canadian history.
• Acted for major Canadian retailers regularly advising on multi-jurisdictional privacy and data-related issues in relation to their operations throughout Canada.
• Advising a participant in the $250 million SCALE.AI supercluster initiative to bring artificial intelligence enhanced solutions to help solve complex supply chain management challenges.
• Advising a leading national retailer in relation to the development of a new, AI-enhanced, integrated e-commerce platform, warehousing (automated pick and pack) and logistics platform to serve third-party retailers.
• Advising leading pharmaceutical company to develop and implement a responsible AI governance policy.
• Assisting a leading public sector utility to develop and implement a data anonymization policy as part of a strategic lake project.
• Acting for a leading Canadian insurance company on both data breach/cyber incident response and the subsequent investigations by privacy commissioners.
• Acted for Home Depot on both the regulatory and the multi-jurisdictional class action proceedings in Canada with respect to the data breach affecting 54 million North Americans. We were successful in convincing the federal privacy commissioner that the retailer had not violated Canadian privacy laws, and in settling the class action at minimal cost ($250,000 settlement).

[i] Ponemon Institute, 2019 Cost of a Data Breach Report.

RECENT PUBLICATIONS

• Michael Scherman and Adam Goldenberg, "Automation Not Domination: AI and Inclusion", June 2019 
• Michael Scherman and Adam Goldenberg, "Automation Not Domination: Legal and Regulatory Frameworks for AI", June 2019
• Michael Scherman and Adam Goldenberg, "Automation Not Domination: AI and the Workforce", June 2019