Canadian Lawyer InHouse

37 CANADIANLAWYERMAG.COM/INHOUSE JULY/AUGUST 2018 have accessed. You can use mobile device management software that tracks large data transfers. If it is more than 50 MB, it is not an email," says Kosa, whose practice focuses on information technology and IP law and who has a computer science background. Compa - nies should also have software that permits the remote disabling or wiping of information from an employee's phone, he adds. "What happens if a phone is lost?" he notes. Imran Ahmad, a partner at Miller Thom - son LLP in Toronto, agrees that employees might put crucial data at risk, even if they do not have any bad intentions. "Taking files home on a USB stick or laptop" or using on - line-based external software may increase the chance of being hacked, he says. "You need to map out the data flow" for key information, says Ahmad, who heads the firm's cybersecurity practice. "In-house coun - sel should have a flow map, knowing where the data is." The other key issue for companies when looking at measures to ensure the security of its intellectual property or trade secrets is the impact of these protections on the operation of the business, says Kosa. "A perfectly secure data set is useless if no one can access it. You are balancing security with accessibility to the data," he says. For data that is of importance on par with the Coca Cola formula, parts of it can be digitally stored separately. "You can break it up. Not every - thing needs to be accessible all of the time," says Kosa. Online security is much more than "fire- walls" to try to prevent hacking, says Handa. "You need to understand where your data is and identify what is most important to your company. If it is a trade secret, then break it up. A key piece can be in an encrypted (online) vault," he suggests. Another area where there is the potential for there to be an information breach is in the use of third-party contractors. If production is going to take place in another country, then ensure that you have a senior employee over - see those operations, Handa says. "Select an employee you trust. You have to trust some- one. If you just ship out production, with blue- prints, you are asking for trouble," he says. A merger and acquisition situation should also be approached carefully in terms of the confidential information that is disclosed to potential bidders, says Handa. "If it is an auction situation, you do not re - veal your trade secret until the very end. Or you can have a reputable third party conduct a [source] code audit," to satisfy potential buy- ers, he explains. Regular audits or "cyber diligence" are a good practice for companies, even if not in an M&A situation, Ahmad suggests. "You should have someone go on the darknet to see if any of your IP has been compromised. What is the state of your network and are you leaking data?" he says. John Simpson, a lawyer at Shift Law in Toronto, says regular internal auditing of The world's most innovative companies choose Canada's leader for intellectual property Canada's "Intellectual Property Firm of the Year" Chambers Canada Awards 2017 Canada's "Intellectual Property Litigation Firm of the Year" Benchmark Canada Awards 2018 Canada's "Intellectual Property Boutique Firm of the Year" MIP North America Awards 2018 Canada's "Law Firm of the Year" for Intellectual Property The Best Lawyers in Canada 2017 S M A R T - B I G G A R . C A O T T A W A / T O R O N T O / M O N T R E A L / V A N C O U V E R / C A L G A R Y U N PA R A L L E L E D I P Untitled-7 1 2018-06-12 12:39 PM

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