Who we are

A few interesting things you might not know about us.

• Big Firm Experience: We have all worked in big, national law firms. We know how that model works, and why we believe our model allows us to better serve our clients in a practical, responsive and service-oriented way (and live a better life!).
• Government Experience: Kris Klein, Shaun Brown and Anne-Marie Hayden each have several years of privacy experience in the public sector in the justice, industry, regulatory and public safety spheres. We understand the inner-workings of how law and policy are made and applied.
• In-house experience: Immediately prior to joining nNovation, Timothy Banks was in-house counsel at Amazon Web Services. Constantine Karbaliotis has worked as privacy lead for Mercer and Symantec Corporation.
• Staying up-to-date on the law: Kris, Timothy and Shaun are authors of leading text books on Canadian privacy law. Constantine and Anne-Marie regularly speak and write on privacy-related matters. This helps ensure that we (and many other practitioners across Canada) are knowledgeable always informed about the latest legal developments.
• Shaping the development of the profession: Kris has been the Canadian Managing Director of the International Association of Privacy Professionals (IAPP) for ten years. At over 75,000 members, the IAPP is the largest and most important association for privacy professionals in the world. Members of our team regularly speak at IAPP events.
• Shaping future (and current) minds: Kris teaches the Law of Privacy at the University of Ottawa Faculty of Law.

Visit Our Team for more information about each of us.

What we do

These are the types of things we really like to do.

• Privacy Guidance: With several of the leading experts in Canadian privacy law, our firm offers a wide range of privacy-related matters. We have a fully integrated suite of data management services including: drafting online privacy notices and proactive privacy communications; developing and supporting the implementation of comprehensive privacy policies, procedures and best practices; conducting privacy impact assessments, audits and reviews (private, public and health care sectors); advising on risk reduction strategies with the implementation of new technologies, including artificial intelligence and predictive analytics; advising on employment privacy issues; acting as an outside chief privacy officer when needed; and responding to privacy commissioner investigations.
• Data Breach Response and Preparedness: We are always ready to guide organizations through the challenges of responding to a data breach and to deliver highly strategic and timely support. This includes: advising on Canadian data breach notification legal requirements; offering robust crisis communications support; developing consumer notices and other messaging; retaining and liaising with forensic investigators, breach response service providers, and credit bureaus; interfacing with privacy commissioners across Canada; negotiating with insurance providers and helping clients remedy issues during the course of investigations. We also work with clients to ensure breach readiness by developing integrated incident response plans, training staff, building breach-related terms into commercial agreements, and advising on cyber-security insurance requirements.
• Information Security: We understand privacy protection and cyber-security go hand-in-hand. We apply a risk-based approach to help our clients understand and comply with Canadian legal requirements for information security, and to mitigate associated risks, leveraging our relationships with top IT-security experts when more technical guidance is necessary.
• Commercial Agreements: We know the data protection requirements for outsourcing within and beyond Canada’s borders. We help our clients establish contracts that bring peace-of-mind. We provide end-to-end negotiation of many forms of commercial agreements. Our sweet spot is data-driven or IT agreements, such as software as a service (SaaS) and other cloud computing agreements, data licensing arrangements, or online marketing and advertising agreements. We bring our experience negotiating on both sides of the aisle – technology and data providers and technology and data users – to provide a sensible, risk-based approach to resolving issues during negotiations.
• Access to Information: We appreciate that information can be a competitive advantage. We help clients obtain access to information from public sector bodies across Canada. We know how to navigate ATI systems and we have the experience to know what to ask for, how to ask for it, and how to negotiate with access to information professionals. Our team also assists public sector clients in responding to complex access to information requests when outside assistance is required.
• Consumer Protection: We advise on Canadian consumer protection requirements, including provincial consumer protection law, competition law, contract law, and the application of those requirements to terms of use and other consumer agreements, contests and sweepstakes, and advertising in its many forms.
• eMarketing, Telemarketing and Adtech: We have extensive experience with online advertising practices, including: email marketing and anti-spam legislation (Canada’s Anti-Spam Legislation); the Canadian Unsolicited Telecommunications Rules (telemarketing); and the application of privacy law requirements to online behavioural advertising, mobile advertising, and cross-device tracking.
• Tribunal and Agency Advocacy: We represent clients before various tribunals and agencies, including privacy commissioners across Canada, the Competition Bureau, and the Canadian Radio-television and Telecommunications Commission.
• Public Policy: We have a keen interest in helping to shape and improve law and policy on behalf of our clients. This includes drafting responses to public consultations, making submissions to legislative committees, and meeting with public officials on matters related to privacy and anti-spam legislation.
• Coordinating With Other Expert Counsel: Staying focused on our areas of expertise means that we don’t have to be experts at everything. However, we have a solid network of lawyers we work with in Canada and abroad to help you get the counsel you need in the areas and jurisdictions outside of our own.