In a Mondaq report, Roland Hung and Andrea Gray of McCarthy Tétrault LLP discuss the due diligence phase of business transactions when it comes to complying with privacy obligations. PIPEDA lacks a business transactions exception to the general rule requiring consent prior to the disclosure of personal information. It would be nearly impossible to obtain consent from all affected individuals in a transaction, so it is “highly recommended that private organizations implement privacy policies that contemplate such transactions in advance,” the report states.
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