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ARTICLE · 07 AUGUST 2020

Data Breaches And Anti-Money Laundering Consequences – An Overview

When an entity (Affected Entity) experiences a data breach incident (Breach Incident), it is instantly faced with a number of issues that it must address with urgency.

CanadaGovernment, Public Sector

When an entity (Affected Entity) experiences a data breach incident (Breach Incident), it is instantly faced with a number of issues that it must address with urgency. Among such, an Affected Entity must manage crucial regulatory compliance obligations that may be triggered by the Breach Incident. The most obvious of these obligations arise under the Personal Information Protection and Electronic Documents Act and other applicable provincial privacy laws, which likely include certain mandatory breach reporting obligations.

What is often less obvious is the need to consider regulatory consequences arising from the Breach Incident under the current anti-money laundering (AML) regime in Canada (which is governed by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its Regulations (the PCMLTFA) as well as the Criminal Code (Canada) (the Criminal Code)).

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