Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50876
60-SECOND SNAPSHOT issues here, but [for] the bulk of doing a commercial contract, we get help from our U.S. colleagues." They also work together at an information-sharing level. "If we look at issues that are coming up, whether it's privacy, or card regulation, or anti-money laundering, we reach out to our colleagues who we've grown to know over a number of years, whether they're in our U.S. or U.K. offices, and we start to benchmark," he says. "Here's this policy issue — how has it been proposed to be dealt with in the U.S. or U.K.; how can it help us make better proposals and decisions for Canada?" Wilby also considers the company's external counsel to be part of its extended legal team and relies on them for expertise in areas such as credit disclosure, privacy, and anti-money laundering. But just because the Canadian office has a small legal team doesn't mean it's a follower. As part of his job, Wilby focuses on federal privacy law, and there are a series of changes to privacy legislation currently winding their way through Canada's Parliament. While some of the changes are more technical in nature, one that stands out is the inclusion of data breach reporting rules within federal law, which is the codification of standards that have already been established as best practices by the Office of the Privacy Commissioner of Canada. Essentially, if a corporate data breach has the potential for significant harm to individuals, those individuals have to be notified so they can take appropriate actions. "We do converse quite a bit [with our U.S. counterparts] but the Canadian law is more advanced, so we're really the leaders on this one," says Wilby. There are also best practice guidelines for processing personal data across borders. "You need to be very transparent about what is happening with individuals' personal information," he says, and this includes cross-border data flow. "If you go to our web site we have a privacy statement that includes, among other things, the notice that your information may be transferred across the border for processing." THE LAWYER: Ted Wilby THE COMPANY: Capital One Bank (Canada Branch) Wilby never worked for a law firm, except when he articled at Deacon Spears Fedson & Montizambert — he has built his career entirely in-house. His career path has taken him from life insurance at Foresters and AEGON to his current role at Capital One, where he has pursued his interest in business and retail financial services. As part of a two-person legal team, Wilby works with his U.S. and U.K. counterparts and relies on external counsel as part of his extended team. Majoring in sociology at the University of Western Ontario, Wilby went on to earn his law degree at the University of Alberta and was called to the Ontario bar in 1996. NORTH AMERICAN RELOCATION LAW Benjamin A. Kranc Certified by the Law Society of Upper Canada as a Specialist in Immigration Law Contributions by a team of practitioners highly experienced in all aspects of the immigration and relocation process North American Relocation Law is both a substantive text and a practical how-to manual for bringing skilled personnel to Canada, the United States and Mexico. It efficiently guides you through the relocation process from beginning to end. It covers not only immigration issues but also related issues of tax, employment law, customs and duties, and other relevant areas. • ORDER YOUR COPY TODAY Looseleaf • $229 • Subscription updates invoiced as issues (2/yr) P/C 0975032000 ISBN 978-0-88804-451-8 • • • • This resource provides you with immediate access to: immigration requirements including important U.S. and Canadian immigration directives • Mexican immigration concepts ongoing changes to Canadian permanent residence application procedures sample letters and real life examples useful precedents and templates to let you hit the ground running on complex issues procedures on how to overcome criminal and other inadmissibility issues • where and when to apply for work permits and other visas …and more! canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. CL1210 36 • DECEMBER 2010/JANUARY 2011 INHOUSE