Tam, Jonathan

Jonathan Tam

Associate
Baker & McKenzie LLP

Biography

Jonathan Tam practises international commercial law with a focus on global privacy, information technology, cyberlaw, electronic commerce and telecommunications. He has broad transactional and advisory experience in the technology space, including with respect to wearable devices, drones, connected cars, cloud computing, employee monitoring programs, bring-your-own-device (BYOD) programs, e-commerce platforms, mobile applications, digital advertising and telecommunications services.

He regularly writes about information technology and privacy, and is on the editorial board of b:INFORM, a digital magazine hosted by Baker McKenzie designed for privacy and technology professionals. He has been on secondment in the London office of a global technology company, and was awarded an International Clerkship which enabled him to spend six weeks working for the Firm’s Privacy, Technology and Outsourcing Practice Group in Chicago.

Practice Focus

Jonathan has experience advising clients at all stages of the development and roll-out of technological products and services, including: at the planning stage, coordinating multijurisdictional projects aimed at identifying and mitigating compliance risks; at the development/distribution stage, drafting, negotiating and localizing licensing, service and other commercial agreements; at the implementation stage, drafting consumer-facing documentation such as end user license agreements and privacy policies, as well as employee-facing documentation such as data security policies, breach response protocols and BYOD policies; and in the context of mergers and acquisitions, advising on the risks associated with various technology and data assets and ensuring they are transferred in a compliant manner.

He also supports clients with privacy breach management, data subject access requests, access to information requests, regulatory inquiries and investigations, lawful access/intercept requests and IT-related due diligence.

Representative Legal Matters

  • Coordinated the provision of legal advice to a leading Canadian financial institution regarding the implementation of a BYOD program, a global Wi-Fi service and a data loss prevention program in over 35 jurisdictions.
  • Represented a leading medical device company in the negotiation of a supply and license agreement for the distribution of medical software across Canada.
  • Advised a global digital payment company in connection with the acquisition of a group of technology companies, including the intellectual property and information technology issues associated with the sale.
  • Audited a leading clothing retailer’s e-commerce platform for compliance with privacy, e-commerce, consumer protection, anti-spam and gift card law, including with respect to the online purchase experience, promotional communications, invoices and legal disclosures.
  • Registered a global technology company as a telecommunications service provider with Canada’s telecommunications regulator and advised on related reporting, licensing, payment and other obligations.
  • Managed a data protection impact assessment of a global technology company’s European operations and coordinated the provision of data protection advice in over 20 European jurisdictions.
  • Drafted and negotiated various technology-related agreements for an international IT company, including a data hosting, business continuity services and master services agreement.
  • Supported a global telematics device manufacturer on the expansion of its local distribution agreements into international agreements, including the resulting privacy, IP, labeling and other regulatory obligations.

Professional Honors

  • Recipient, Robert E. Deignan Award for Outstanding Pro Bono Contribution, 2015
  • Recipient, Baker McKenzie International Clerkship, during which Jonathan worked for the privacy, technology and outsourcing practice group of the Firm’s Chicago office
  • Founder, U of T Law Inspires, an annual legal scholarship event that has taken place at the University of Toronto Faculty of Law since 2013

Professional Associations and Memberships

  • Canadian IT Law Association
  • Ontario Bar Association
  • Canadian Bar Association
  • International Association of Privacy Professionals (IAPP) - Certified Information Privacy Professional
  • Harvard Club of Toronto

Admissions

  • Ontario~Canada (2014)

Education

  • University of Toronto (J.D. Hons) (2013)
  • Harvard University (B.A. magna cum laude) (2010)

Languages

  • Chinese
  • English
  • French