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Privacy & Data Security

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In an era where data is both a strategic asset and a regulatory and security challenge, the Privacy & Data Security Group brings cutting-edge insight and practical guidance to help clients navigate evolving privacy laws, cybersecurity threats and digital risk. The group is a recognized leader in the field and trusted by clients to advise on every aspect of complex privacy and data security matters, including transactions, commercial relationships, litigation, regulatory concerns and emerging technologies.

Members of our team are frequently consulted by governments and regulators on legislative developments in privacy and cybersecurity, reflecting our deep expertise and credibility. We are proud to be consistently recognized in areas related to Privacy & Data Security by leading publications such as The Canadian Legal Lexpert Directory and Best Lawyers in Canada, affirming our commitment to excellence and leadership in this rapidly evolving space.

We provide strategic legal guidance across the full spectrum of privacy, data protection and cybersecurity matters, helping clients navigate complex regulatory frameworks, manage risk and maintain secure, compliant operations. Our team advises on everything from breach response and regulatory strategy to data governance and cross-border compliance.

We also offer Canada-wide privacy expertise, including reviewing and drafting privacy and data security policies and agreements, assessing privacy risks in product launches and litigation, and localizing global practices to meet Canadian legal requirements.

Our clients span a wide range of sectors and jurisdictions, from critical infrastructure such as energy, healthcare, transportation, communications and government, to education, professional services, technology, social media, retail and manufacturing.

The Aird & Berlis Privacy & Data Security Group stands at the forefront of safeguarding digital integrity. Whether guiding clients through complex regulatory landscapes or responding swiftly to emerging threats, our team is committed to protecting your data, your reputation and your trust.

Our core services include:

  • Data Breach – Prevention, Response and Mitigation: We serve as advisors for clients to prevent, respond and mitigate the consequences of data security incidents. Our lawyers work closely with forensic experts, regulators and law enforcement to contain and manage breaches, communicate with threat actors, mitigate reputational and legal risks, and ensure timely and compliant notifications. We help clients proactively prepare through privacy and data security impact assessments, audits and incident response planning.
  • M&A Reviews and Risk Assessments: Our team assesses strengths, weaknesses and risks associated with business transactions. We conduct privacy and cybersecurity due diligence during mergers, acquisitions and other corporate transactions. We identify data-related liabilities, assess compliance with Canadian and international privacy laws, and negotiate transaction agreements to mitigate and properly allocate risks.
  • Data Processing and Other Commercial Agreements: We draft and negotiate data protection provisions in commercial contracts where privacy and data security are meaningful elements. This includes various types of commercial agreements, including outsourcing, hosting and SaaS arrangements, and data processing, data sharing and license agreements. Our lawyers ensure these agreements reflect evolving industry and legal standards and address cross-border data transfers, breach notification protocols and confidentiality obligations.
  • Privacy and Data Breach Litigation and Class Action: We represent business-side clients in privacy and data security-related litigation, including class actions stemming from data breaches or alleged misuse of personal and confidential information. Our litigation team defends against claims of negligence, breach of contract, unauthorized processing of information and regulatory non-compliance, while managing reputational and financial exposure.
  • Freedom of Information and Access to Information: We advise clients on compliance with federal and provincial freedom of information and access to information laws, including the Access to Information Act and its provincial and territorial counterparts. Our services include responding to access requests, applying exemptions and representing clients in mediation, arbitration and appeals through the courts.
  • Privacy and Insolvency: In insolvency and restructuring matters, we guide clients on the treatment of personal data and confidential information held by distressed entities. We ensure that data transfers, sales or disclosures comply with privacy legislation and security requirements, and balance the interests of creditors, purchasers and affected individuals.
  • National Security Considerations: We guide clients through Canada’s national security laws as they intersect with privacy and data protection, advising on compliance, data localization, breach reporting and risk management. Our team also supports sensitive transactions and investigations that may trigger regulatory scrutiny or disclosure obligations.