Recently, the Office of the Information and Privacy Commissioner for British Columbia published cloud computing guidelines for public bodies in British Columbia. The purpose of the guidelines is to provide information to public bodies about how BC’s Freedom of Information and Protection of Privacy Act (BC FIPPA) applies to cloud computing. What is Cloud Computing?… → Read More
Category Archives: Contracting/Outsourcing
Subscribe to Contracting/Outsourcing RSS FeedCloud Computing, the B-10 Outsourcing Guideline and OSFI
Posted in Contracting/OutsourcingRecently, the Office of the Superintendent of Financial Institutions (OSFI) released a memorandum reminding federally-regulated financial institutions (FRFIs) that OSFI’s revised Guideline B-10 “Outsourcing of Business Activities, Functions and Processes” applies to new technology-based outsourcing arrangements, including cloud computing. In the short memorandum, OSFI: acknowledged that these new technology-based services may offer opportunities and benefits for… → Read More
Hot Off the Press – Canadian Contractual Interpretation Law: A New Edition
Posted in Contracting/OutsourcingThe second edition of Canadian Contractual Interpretation Law, by Geoff Hall, has just been published. The book is the only text focused on contractual interpretation under Canadian common law and the new edition includes commentary on contractual interpretation under Quebec civil law. As such, it is a helpful resource for commercial lawyers who are responsible… → Read More
Tech Law Summit Recap – Navigating the Cloud: Tips & Tricks
Posted in Contracting/OutsourcingCloud computing is fast-emerging as an efficient and low cost alternative to more traditional information technology (IT) solutions. It enables a business to outsource its IT requirements to a specialist service provider who can provide required services in a more efficient and cost effective manner and allows a business to focus on its core competencies…. → Read More
Cloud Computing and Privacy Issues: Implications for Businesses
Posted in Contracting/Outsourcing, Privacy, Regulatory ComplianceDue to cloud computing’s borderless and infinite storage potential, vast amount of information can be collected and stored. However, the accumulation of personal information in the cloud increases the risks and impact of unauthorized access to the information, whether through security or data breaches. This risk is compounded when the data is transferred outside of… → Read More
Tech Law Summit Recap – Hot Topics in Tech and Public Procurement
Posted in Contracting/OutsourcingThe “Hot Topics in Tech and Public Procurement” panel at the McCarthy Tétrault Toronto Tech Law Summit featured Edward Smythe of Gartner Consulting and McCarthy Tétrault partners David Crane, George Takach and Brenda Swick. The panel was facilitated by Catherine Samuel. Business Capabilities Sourcing Edward Smythe opened the panel with an interesting discussion on the… → Read More
Tech Law Summit Recap – Outsourcing Challenges and Trends
Posted in Contracting/OutsourcingThe “Outsourcing Challenges and Trends” panel from the McCarthy Tétrault Tech Law Summit comprised a veritable who’s who of Canadian outsourcing experts with presentations by McCarthy Tétrault’s Barry Sookman, Matthew Peters, and Charles Morgan, as well as Everest Group’s Betty Breukelman. The session highlighted current market trends as well as trends in outsourcing agreements and… → Read More
Negotiating Benchmarking Clauses – Ten Tips for Customers
Posted in Contracting/OutsourcingHaving previously examined the rationale behind benchmarking, the factors that can undermine its utility and the circumstances in which benchmarking can be used effectively, here are my top ten tips to keep in mind when negotiating a benchmarking clause: Benchmarking rights are not a substitute for good due diligence on deal terms, especially pricing. Customers should do their homework to get… → Read More
Benchmarking Rights in an IT or Outsourcing Contract – Are They of Any Value?
Posted in Contracting/OutsourcingThere are differing opinions on the value of negotiating benchmarking rights into an IT services or outsourcing contract. This post will look at the rationale behind benchmarking, the factors that can undermine its utility and the circumstances in which benchmarking can be used effectively. The next post will provide ten tips on negotiating benchmarking clauses. What is Benchmarking?… → Read More
Attaching Standard Legal Terms to RFPs – Top Eight Considerations
Posted in Contracting/OutsourcingEconomic considerations and efficiency gains are forcing companies to reconsider their procurement strategies. Many of our clients who use RFPs or similar procurement processes often ask us whether they should attach a form of agreement or standard terms and conditions when issuing an RFP. There is no set answer to this question, but here are… → Read More
Ten Tips for Drafting Service Descriptions and Requirements
Posted in Contracting/OutsourcingIn outsourcing and other commercial services deals, clients often have difficulty preparing the service descriptions and requirements (specifications) to be included in the services agreement (often in schedules or statements of work). This usually results in delays and increased legal costs since we, the lawyers, need to be more involved in the initial drafting process… → Read More
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