Q2 | Torys Quarterly • Spring 2022
The new data economy: opportunity and risk for business

Businesses are harnessing the power of an increasingly valuable asset: their data. We look at strategies and practices to keep pace with the fast-evolving opportunities and risks at play.

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Featuring our latest thinking on:

Dealmaking and data

With data now an integral part of a company’s valuation, data plays a critical role not just throughout the deal life cycle, but also well beyond a transaction’s closing.

Privacy and M&A: a step-by-step guide for dealmakers
Transactions are increasingly vulnerable to data-related risk. Level up your M&A process every step of the way.
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  • Privacy and data security due diligence: The importance of implementing post-closing improvements
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  • Key questions when buying, selling or licensing data for analytics
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Companies must be conscientious in remediating deficiencies identified during due diligence to limit potential exposure to liability for violations of law and data breaches.
— Privacy and data security due diligence: The importance of implementing post-closing improvements

Understanding your company’s data profile

An effective data strategy must take an enterprise-wide view that addresses your company’s data rights and is flexible to emerging developments that will impact the business.

You don’t own your data, but you can still protect it
Hidden in the patchwork of data-rights sources is a three-step legal path to protect the organization’s most valuable data.
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  • Director and officer liability for cybersecurity breaches in Canada and the U.S.
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  • Observations from the legal wild west of the metaverse
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Appreciating how Canada’s assortment of legal rights and restrictions applies to data will allow businesses to gain a more accurate understanding of their rights—and therefore the value of their data.
— You don’t own your data, but you can still protect it

Meeting risk with strategy

Data-related regulatory and litigation risk is at the top of many decision-makers’ agendas as legal frameworks and courts around the world respond to the ongoing and pervasive impact of data.

Automated decision-making: what Québec’s Bill 64 reforms mean for business
Québec’s new rules not only affect companies with interests in the province, but also demonstrate the direction many law- and policy-makers are taking with data protection.
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  • How to safeguard customer privacy under the Financial Consumer Protection Framework
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  • Protecting privacy interests: developments in U.S. law
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  • Setting the standard in data breach class actions
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The framework will significantly expand the amount of personal information that banks hold, and as a result their obligations vis-à-vis that information.
— How to safeguard customer privacy under the Financial Consumer Protection Framework

Past Editions

Quarterly
Q1 | Winter 2022: Changing direction: Canadian business outlook 2022
Jan 19, 2022
Quarterly
Q4 | Fall 2021: Canadian Sector Report
Nov 23, 2021
Quarterly
Q3 | Summer 2021: Rethinking cross-border business
Jul 21, 2021

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