Eric Notkin

I am proud that our firm is associated with Deloitte’s Canada’s Technology Fast 50 program. The impact of Canada’s growth companies extends well beyond the technology sector. Their ideas, talent and ambition are helping transform how organizations across the country operate and compete.

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Vendor risk management. Whether you are public or private sector, and no matter your province, this guidance regarding vendor risk management is essential. Your due diligence must be robust. Update your programs now, or face a critical regulator later.

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Fascinating and sophisticated guidance on what constitutes "access" to a controlled technology from outside of Canada from my colleagues John Boscariol and Oksana Migitko (and Global Affairs Canada). I've rolled my eyes at privacy legislation / regulators that conflate physical location with accessibility / disclosure. BC FIPPA is one. And the federal privacy commissioner still requires express notice of risk: "Organizations must be transparent about their personal information handling practices. This includes advising customers that their personal information may be sent to another jurisdiction for processing and that while the information is in another jurisdiction it may be accessed by the courts, law enforcement and national security authorities." (https://lnkd.in/gEV5Qjrq). But that is not always a material risk. As it applies to the export of controlled technology: "GAC emphasizes that the key factor in the “disclosure” analysis is whether there is a reasonable possibility that someone outside Canada could access or examine the technology. If no such possibility exists, then a “transfer” is not considered to have occurred. Notably, the Guidance highlights that the mere fact that some of the Canadian entity’s servers are located in foreign jurisdictions may increase the possibility of unauthorized access; however, this alone is not sufficient to establish a reasonable possibility of disclosure. The presence of servers abroad must be considered alongside other factors, which will be discussed in more detail in the section below." "In contrast, a transfer is not considered to occur when: A Canadian company moves controlled technology from a server in Canada to a server in another country using strong, industry-standard encryption, and manages the encryption keys so that there is only a remote possibility of access by individuals outside Canada;" https://lnkd.in/gaVkhajY

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🚀 Leadership news from Toronto’s AI + tax law frontier. Blue J, the generative AI company simplifying complex areas of tax law, has appointed Tina Goulbourne as its new President. Goulbourne, who helped scale Vena from $25M to $100M+ ARR while shaping a strong organizational culture, will now lead Blue J’s go-to-market execution, global partnerships, and customer growth. CEO Benjamin Alarie praised her “sharp strategic insight” and ability to inspire teams as the company enters its next phase of expansion. Read more about Blue J’s leadership move 👇 https://lnkd.in/gfKicXaj

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