Lawson Lundell LLP: 4 Critical Legal Risks in Their Terms & Conditions (2024 Analysis) | Erayaha

## When Legal Ambiguity Becomes Expensive: Lawson Lundell LLP’s Terms & Conditions Under the Microscope

When we examined Lawson Lundell LLP’s Terms & Conditions, our analysis revealed several legal and logical gaps that could expose the firm to significant regulatory fines, litigation costs, and reputational harm. With privacy regulators in Canada and the EU imposing fines up to $20 million or 4% of annual revenue for non-compliance, and class actions for data misuse often exceeding $5 million, even a single ambiguous clause can have outsized financial consequences.

1. Ambiguous Consent for Data Collection and Use The T&C state that by using the site, users consent to the collection, use, and disclosure of personal information "in accordance with this Privacy Policy." However, the policy allows for both implied and express consent, and does not clearly delineate the boundaries or mechanisms for withdrawal of consent. This ambiguity risks violating explicit consent requirements under GDPR and PIPEDA, potentially triggering regulatory scrutiny and fines.

Legal Analysis

high Risk

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Consent can be implied or express. If you provide Lawson Lundell with your Personal Information through the Site you are consenting to our use of that Personal Information in order to contact you or for any other purpose reasonably connected to your provision of Personal Information. Using our Site means that you consent to the collection, use, and disclosure of your Personal Information in accordancemust be explicit and informed, with this Privacy Policy. If you do not agreeclear options for users to the collection, use, disclosureprovide or management of your Personal Information in accordance with this Privacy Policywithdraw consent at any time. Implied consent will only be relied upon where expressly permitted by applicable law, you should NOT use the Siteand users will be provided with a simple mechanism to withdraw consent without detriment.

Legal Explanation

The original clause is ambiguous regarding the nature of consent and lacks a clear withdrawal mechanism, risking non-compliance with GDPR and PIPEDA, which require explicit, informed consent and easy opt-out options.

2. Overbroad Disclosure Rights Without User Notification Lawson Lundell reserves the right to use or disclose personal information without user knowledge or consent "where permitted or required by applicable law, regulation or by applicable rules of professional conduct." However, the clause fails to specify notification obligations or user remedies, which may conflict with transparency requirements under privacy laws and could result in regulatory penalties or lawsuits if users are not informed of disclosures.

Legal Analysis

medium Risk

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As permitted by applicable privacy legislation, we reserve the right toWe may use or disclose your Personal Information without your knowledge or consent only where we are permitted orstrictly required to do so by applicable law, regulation or regulatory authority, and will provide notification to affected individuals as soon as legally permissible, unless prohibited by applicable rules of professional conduct governing the legal professionlaw.

Legal Explanation

The revision adds a notification requirement and limits disclosure to strictly required circumstances, aligning with transparency and accountability principles under privacy laws.

3. Unilateral Amendments Without Notice The policy allows Lawson Lundell to amend the Privacy Policy "at its sole discretion at any time without notice to you." This exposes users to retroactive changes and undermines enforceability, as courts and regulators often require reasonable notice and opportunity to review changes. Failure to provide notice can invalidate consent and expose the firm to claims of unfair contract terms, with potential damages exceeding $1 million in class actions.

Legal Analysis

high Risk

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Lawson Lundell reserves the right to makewill provide advance written notice of any material changes to this Privacy Policy at its sole discretion at any time without, and continued use of the Site after such notice constitutes acceptance of the revised terms. Users will have the opportunity to youreview and, if necessary, withdraw consent prior to changes taking effect.

Legal Explanation

Unilateral amendments without notice undermine enforceability and user trust. The revision ensures compliance with fair contract principles and privacy law requirements for notice and consent.

4. Limitation of Liability for Third-Party Links The T&C disclaim all responsibility for third-party sites, urging users to interact with them "at your own risk." However, the clause does not clarify the extent of liability or provide a safe-harbor framework, which may not fully protect the firm from claims arising from negligent referral or misleading representations. Canadian courts have held firms liable for damages exceeding $500,000 in cases of insufficient disclaimers.

Legal Analysis

medium Risk

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Lawson Lundell has no responsibility ordisclaims liability for third-party sites to the fullest extent permitted by law, except where the firm has made specific representations or control over, Other Sites, their business, goods, services, or contentendorsements. We urge youUsers are encouraged to find out thereview third-party privacy policies of these Other Sites, and advise you that your dealings with the owners and operators of the Other Sites are at your own riskany referral or link does not constitute legal responsibility unless expressly stated.

Legal Explanation

The revised clause clarifies the scope of liability and provides a safe-harbor framework, reducing the risk of claims for negligent referral or misleading representations.

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Conclusion: Proactive Legal Protection is Non-Negotiable Our analysis shows that even well-intentioned terms can create costly loopholes if not precisely drafted. The risks identified—ranging from regulatory fines to class-action exposure—underscore the need for clear, enforceable, and compliant contract language.

Are your T&Cs exposing your business to avoidable liabilities? How often do you review your privacy and compliance frameworks? What would a $5 million lawsuit mean for your organization’s future?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.