snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: October 2011

Network Breached? Then Report It – New SEC Guidance on Cybersecurity Disclosure Obligations

Posted in Privacy, Regulatory Compliance

In light of the increasing rate of security breaches in industry and government, the US Securities and Exchange Commission (SEC) has issued guidelines encouraging public companies to disclose cyberattacks waged against them. The guidelines apply to both domestic US companies and foreign private issuers, and may therefore apply to Canadian companies registered in the US.

What types of disclosure are required?

A company is obligated to disclose material information relating to risks (e.g., a security system failure) and incidents (e.g., a security breach) if necessary to avoid misleading investors in light of other required disclosures.

When is disclosure required?

In … Continue Reading

Do Not Track and Online Behavioural Advertising – Part II: Best Practices

Posted in Consumer Protection, E-Commerce, Privacy

With the push from users and legislators towards DNT and with most browsers providing users with the choice of a DNT setting, it is important for businesses to be ahead of the curve. In addition to an organization’s existing policies and safeguards under the Personal Information Protection and Electronic Documents Act (PIPEDA), businesses should have a clear DNT policy and should effectively communicate that policy to the user, explaining exactly what the business is doing with consumer data once a user has chosen not to be tracked.

Mozilla recently put out a useful DNT guide for developers and businesses … Continue Reading

Do Not Track and Online Behavioural Advertising – Part I: Coming to a Parliament Near You?

Posted in Consumer Protection, E-Commerce, Privacy

Privacy versus personalized content – it is the tension that underlies online behavioural advertising (OBA), and increasingly that tension is threatening to snap. OBA is the practice of tracking consumer’s online activities in order to deliver targeted marketing. Businesses stitch together information, like the websites a consumer visits, the content a consumer views and the searches a consumer runs, into a fingerprint of interests and tastes so that the consumer receives more resonant (and ideally more valuable) advertising.

OBA can be extremely valuable to your business. For example, if I purchase peanut butter online, the shopping website may recommend that … Continue Reading

Seven Tips for Tech Companies Preparing Disclosure Schedules in M&A Deals

Posted in M&A/Finance

The preparation of accurate and complete disclosure schedules is often a significant challenge for sellers, particularly technology companies with a very small or non-existent office management staff. Often these companies focus their staffing needs on research and development and selling their product. The person who will be preparing the schedules is most likely doing so for the first time, all while doing their normal job, not to mention the work involved in closing the deal.

So why not try to make it easy for this person, as well as for all the people who will have to review these schedules?

Continue Reading