ArticleBreaking Up Is Hard To Do - The Case For Business Unit Spin-OffsMany companies are currently taking a hard look at their operations after one of the worst economic downturns in nearly half a century. CanadaAntitrust/Competition LawDuff and Phelps
ArticleCompetition: The Key To A Better DealPerhaps the most significant new and evolving development in outsourcing is competitive procurement. More and more customers are approaching the process of choosing an outsourcing service provider through a competitive bidding process with the use of more effective RFPs and a more disciplined process governing responses.CanadaEmployment and HRTorys
ArticleTransfers Of Personal Information To U.S. ‘Linked’ Service ProvidersMuch attention has been focussed recently in Canada on the privacy issues arising out of the use of service providers for data processing services where the data is either stored in the U.S. by a U.S. organization or is stored in Canada by a Canadian organization where such organization has a U.S. affiliate (in each case, a U.S. linked service provider). CanadaEmployment and HRBlake, Cassels & Graydon LLP
ArticleValue Drivers For IT Outsourcing Deals In An Economic Downturn — Part IOutsourcing — the practice of handing over responsibility for the execution of many IT functions to an outside supplier like IBM — can be a shrewd business strategy in any economic climate. CanadaEmployment and HRMcCarthy Tétrault
ArticleReviewing Outsourcing And Technology Arrangements In Uncertain TimesThere is no doubt that vendors of software and technology services will be adversely affected by the current global financial crisis. CanadaMedia, Telecoms, IT, EntertainmentTorys
ArticleBeware The Boilerplate — Part IIn past editions of the TLQ, we have discussed on several occasions the various substantive provisions of outsourcing, offshoring and similar tech commercial agreements,CanadaEmployment and HRMcCarthy Tétrault
ArticleBombardier: Outsourcing Transactions And Severance Payment Obligations Under The Ontario Employment Standards Act, 2000To meet changing business objectives, a business may transfer, sell, lease or outsource a part or all of its operations to another business. From an employment perspective, this means that an employee may cease employment with a vendor and accept employment with the purchaser. CanadaEmployment and HRTorys
ArticleDealing With Outsourcing Supplier InstabilityWhile it is not possible for customers to completely insulate themselves from the risks associated with supplier instability, there are a few proactive steps that customers can take to manage and mitigate those risks. CanadaEmployment and HRMcCarthy Tétrault
ArticlePrimer On The Use Of Offshore Employees In Outsourcing TransactionsThe outsourcing field and the use of temporary foreign workers has been in the news of late, so much so that the average Canadian may think that the temporary foreign workers program is synonymous with outsourcing transactions. CanadaEmployment and HRFasken
Article"Employer Of Record?" The Labour Court's Decision Regarding Territorial JurisdictionDRG Outsourcing (Pty) Ltd retrenched three employees in January 2023. The employees referred an unfair dismissal dispute, which found its way to the Labour Court.CanadaEmployment and HRFasken
ArticleNegotiating Outsourcing Contract RenewalsYou have an important outsourcing agreement that is coming to an end. It's a significant contract for your organization.CanadaEmployment and HRMcCarthy Tétrault
ArticleValue Drivers For It Outsourcing Deals In An Economic Downturn — Part IILast month’s column considered the core price-related rationales for renewing IT outsourcing deals early: the customer gets the benefit of immediate lowered prices; the supplier gets the certainty of a new five-to-seven year agreement. CanadaEmployment and HRMcCarthy Tétrault
ArticleOutsourcing By Canadian Companies After The USA PATRIOT ActWondering about outsourcing your data to the U.S.? What follows is an update to one of our most popular posts: Outsourcing by Canadian Companies: Another Look at the USA PATRIOT Act, originally written in January 2013. CanadaPrivacyField Law
ArticleWhat Businesses Need To Know About Their Legal Obligations When Outsourcing Data Processing To Third-Party Service ProvidersDid you know that Canadian businesses have legal obligations under Canada's federal privacy law, the Personal Information Protection and Electronic Documents Act, when they engage third-parties to process personal data?CanadaPrivacySegev LLP
ArticlePrepare For Change: OSFI's Updated B-10 Guideline Reinforces Third-party Risk Management RequirementsOn April 25, 2023 the Office of the Superintendent of Financial Institutions (OSFI) released a new revised version of its B-10 guideline on third-party risk management (the Guideline).CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleTechnology Contracting - Managing Subcontracting RiskWhen outsourcing to IT service providers, customers should be aware of the risks posed by their suppliers’ use of subcontractors and take steps to manage those risks. CanadaMedia, Telecoms, IT, EntertainmentMcCarthy Tétrault
ArticleWhen Does Information Become Personal?Sensitivity to how personal information is collected, used and disclosed is growing. With this sensitivity has come a heightened awareness of the many privacy issues that can crop up when dealing with personal information.CanadaMedia, Telecoms, IT, EntertainmentDentons Canada LLP
ArticleThe Impact Of The USA PATRIOT Act In CanadaCanadian businesses must consider whether USA PATRIOT Act issues will affect them. This article outlines the relevant provisions of the legislation and analyzes its possible effects north of the border.CanadaEmployment and HRStikeman Elliott LLP
ArticleInformation Technology Lawyers: Adding Value in Corporate TransactionsTransaction teams involved in buying or selling a business, or part of it, need to fully understand the value and complexity of the information technology assets that form part of the deal. CanadaStrategyTorys
ArticlePrivacy Commissioner Confirms Original Outsourcing GuidanceOn August 4, 2020, the Office of the Privacy Commissioner of Canada (OPC) released a set of findings1 concerning a decision by TD Canada Trust (TD) CanadaEmployment and HRCassels