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Daniel Fabiano Toronto Lawyer

Daniel Fabiano

Partner Fasken
Pragmatic and responsive solutions – whether to privacy, procurement or contracting challenges – are growth opportunities. Through them, organizations can better engage their customers, suppliers and stakeholders.
Jurisdiction Ontario, 2004
Language(s) English
Office(s) Toronto
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Overview

Daniel Fabiano’s business law practice is focused on privacy/information protection, and on public procurement processes. Daniel advises a wide range of public sector agencies, large and small businesses, and non-profit associations, with a focus on public and health sectors.

Privacy/Information Protection

Daniel brings 20 years of experience in advising clients on privacy and freedom of information matters — as well as anti-spam laws. He regularly assists clients with:

  • Risk management and strategic decisions relating to the collection, use, disclosure and commercialization of personal information and de-identified data
  • Legal compliance reviews, including documenting privacy impact assessments, drafting privacy policies, notices and consents
  • Collaborative opportunities and services arrangements, including drafting and negotiating data sharing and data processing contracts
  • Preventing and responding to privacy breaches, cybersecurity incidents
  • Responding to privacy complaints and privacy commissioner investigations
  • Responding to access to information matters at all levels of government — Daniel is a lead author of the "Hospital Freedom of Information Toolkit: A Guide to Implementing the Freedom of Information and Protection of Privacy Act", published by the Ontario Hospital Association.

Public Procurement

In his procurement practice, Daniel advises purchasers in conducting fair, open and transparent procurement processes. He frequently advises clients on:

  • Initiating and documenting the bidding process
  • Managing and mitigating procurement risks, including conflicts of interest, unfair advantage, undisclosed requirements or evaluation criteria, and defensible evaluation methodologies
  • Responding to bid disputes
  • Developing and refining organizational procurement policies and templates
  • Innovative procurement methodologies and related strategies. Daniel is one of the authors of the Healthcare Supply Chain Network “Innovation Procurement Toolkit Expansion”; a set of innovation procurement resources, guides and templates.

Industry Leadership and Community Involvement

In 2018, Daniel served as General Counsel (Interim) of eHealth Ontario, an Ontario provincial agency advancing a public electronic health record system for the province. Daniel was also previously seconded to Cancer Care Ontario’s legal department, where he advised on privacy and procurement matters.

Outside of his practice, Daniel is on the board of directors of the Capitol Arts Centre, and has served on the board of directors of Healthcare Supply Chain Network, a national health sector procurement association, and the Canadian Medical Equipment Protection Plan. He is past Vice-Chair of Tarragon Theatre.

Achievements

Client Work

  • Varian and Nova Scotia Health form C$175 million multi-disciplinary oncology partnership, [Deal - Varian Medical Systems, Inc.], Global health technology company completes commercial deal to sell hardware, software, digital solutions, and services(including SaaS).
  • Kellogg Company successfully completes separation into two independent, publicly traded companies, Kellanova and WK Kellogg Co., [Deal - Kellogg Company], Kellogg Company separates into two independent public companies.
  • Green Shield Holdings acquires healthtech startup Inkblot Technologies, [Deal - Green Shield Holdings Inc.], Canada’s fourth-largest health and dental benefits provider acquires healthtech startup.
  • Air Canada, Aeroplan, Chase and Mastercard announce partnership to launch a credit card in the United States, [Deal - Aeroplan Inc.], Air Canada, Aeroplan, Chase and Mastercard partner to launch credit card in the U.S.
  • Air Canada completes acquisition of Aimia’s Aeroplan loyalty business, [Deal - Air Canada]
  • Windsor-Detroit Bridge Authority achieves financial close Gordie Howe International Bridge Project, [Deal - Windsor-Detroit Bridge Authority]

Career & Education

Education

  • LLB University of Windsor
  • BA (Honours) Queen's University

Community involvement

  • Member, Fasken Pride Network
  • Past Vice-President and Past Board Member, Tarragon Theatre
  • Past Board Member, Healthcare Supply Chain Network
  • Past Board Member, Canadian Medical Equipment Protection Plan

 

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Co-Chair, Fasken Student Development Committee
  • Member, Fasken Art Committee

Knowledge

Events

News

Publications

  • Healthcare Supply Chain Network Launches Innovation Procurement Toolkit, 1/7/2019
  • Privacy Commissioner Issues Key Guidelines for Consent and Inappropriate Data Practices, 8/1/2018
  • Commissioner Issues Important Privacy Breach Reporting Guideline for Health Sector, 11/1/2016
Co-Author Healthcare Supply Chain Network Launches Innovation Procurement Toolkit This new toolkit supports flexible, outcome-based approaches in the procurement of innovative solutions.
Article, Co-Author Commissioner Issues Important Privacy Breach Reporting Guideline for Health Sector Electronic Healthcare Law Review

Speaking Engagements

  • 2024 Ontario Colleges Procurement Management Association Fall Conference, 11/11/2024
  • Navigating the MedTech Privacy Landscape, 6/5/2024
  • New Rules/Old Rules Re-Visited: A Lawyer’s Perspective on Emerging Topics in Broader Public Sector Procurement, 5/14/2024
Speaker 2024 Ontario Colleges Procurement Management Association Fall Conference Ontario Colleges Procurement Management Association (OCPMA)
Presenter New Rules/Old Rules Re-Visited: A Lawyer’s Perspective on Emerging Topics in Broader Public Sector Procurement Ontario Education Collaborative Marketplace Procurement Summit 2024

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