Éloïse Gratton

PartnerBorden Ladner Gervais LLPIntellectual Property & Technology; Commercial; In-House Counsel

Éloïse is a partner at Borden Ladner Gervais LLP and National Co-Leader of the Privacy and Data Protection Practice Group. She advises clients from various industrial sectors on legal, practical and ethical issues relating to information technology, e-commerce, privacy protection, consumer protection or anti-spam, in connection with their new projects, products, practices and technologies, providing them, both nationally and internationally, with strategic advice on matters of risk management and regulatory compliance, advising as to best business practices, conducting privacy audits or privacy impact assessments and assisting them in crisis management situations (e.g. class actions, security breaches, privacy commissioners' investigations). She has published several books on IT and privacy issues, which have been cited by the Supreme Court of Canada in some of its landmark privacy decisions. In 2016, she was named "one of the Top 25 Most Influential Lawyers in Canada" by the Canadian Lawyer Magazine.

Éloïse is a partner at Borden Ladner Gervais LLP and National Co-Leader of the Privacy and Data Protection Practice Group. She advises clients from various industrial sectors on legal, practical and ethical issues relating to information technology, e-commerce, privacy protection, consumer protection or anti-spam, in connection with their new projects, products, practices and technologies, providing them, both nationally and internationally, with strategic advice on matters of risk management and regulatory compliance, advising as to best business practices, conducting privacy audits or privacy impact assessments and assisting them in crisis management situations (e.g. class actions, security breaches, privacy commissioners' investigations).

Éloïse is one of Canada's foremost experts in the field of privacy and is recognized as the "go to" person, relied upon nationally (by both federal and provincial privacy commissioners, as well as by the federal government) as well as internationally. She has testified before the House of Commons, Standing Committee on Access to Information, Privacy and Ethics, as well as before the Standing Committee on Industry, Science and Technology. She provides training workshops to judges and members of the Parliament on social media and legal risks. On the international scene, she is a member of the International Association of Privacy Professionals (“IAPP”) Women Leading Privacy Advisory Board.

She has published several books on IT and privacy issues, which have been cited by the Supreme Court of Canada in some of its landmark privacy decisions. She authored Internet and Wireless Privacy: A Legal Guide to Global Business Practices, one of the first technology and privacy book in Canada (CCH, 2003). Her recent works include Privacy in the Workplace, 4th edition (LexisNexis, 2017), Practical Guide to e-Commerce and Internet Law (LexisNexis 2015), and Understanding Personal Information: Managing Privacy Risks (LexisNexis, 2013). She holds a doctorate degree in law (University of Paris II and U of M) and she has been teaching e-commerce law and privacy and IT law at University of Montreal for several years.

Eloïse is called upon regularly to comment on news reports dealing with new media, IT and privacy issues in Canada, the United States (Wall Street Journal, Fast Company), as well as internationally. In 2016, she was named "one of the Top 25 Most Influential Lawyers in Canada" by the Canadian Lawyer Magazine.

Education

  • Université de Panthéon-Assas and University of Montreal, LL.D. (High Hons.), 2012
  • University of Montreal, LL.M., 2002
  • University of Montreal, LL.B., 1997

Bar Admission

  • Quebec, 1998

Experience

  • Retained by various clients (including a U.S. multinational mass media corporation and a leading Canadian provider of Digital Cable TV) in order to evaluate the legal and privacy requirements of new projects, products, programs, and technologies and to provide strategic and national as well as international privacy compliance advice
  • Retained by various clients (including by financial services providers) in order to advise them on privacy compliance in the management of personal information, on storage and retention issues, on security obligation upon transferring personal information and on the implementation of adequate security measures based on risks
  • Retained by a U.S. publicly traded (NASDAQ) Internet-related services company (market capitalization of approximately $260 billion) to prepare their overall defense strategy and to represent them in various privacy class action lawsuits across Canada
  • Retained by a U.S. publicly traded (NYSE) multinational mass media corporation (market capitalization of approximately $110 billion) in order to represent them upon a media investigation pertaining to a sensitive online privacy compliance issue
  • Advised and trained the team of the Privacy Commissioner of Canada in Ottawa in 2009 on privacy issues and location-based services, and in 2013, on the challenges pertaining to the notion of personal information in light of new types of Internet technologies
  • Retained by various clients in order to advise them on the legal issues when dealing with cloud services. More specifically, represented leading Canadian provider of Digital Cable TV, High Speed Internet and Telephone services in strategic partnering arrangements with reseller, OEM and cloud services provider

Awards & Honours

  • Recognized by Lexpert® with a 2017 Zenith Award Celebrating Women in Law.
  • Recognized in the 2017 edition of Benchmark Canada – The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a Local Litigation Star: Québec and a Litigation Star: Privacy.
  • Recognized in the 2017 edition of Chambers Canada Canada's Leading Lawyers for Business (Privacy & Data Protection).
  • Recognized in the 2017 and 2016 editions of The Best Lawyers in Canada® (Information Technology Law).
  • Recognized in 2016 as "one of the Top 25 Most Influential Lawyers in Canada" by the Canadian Lawyer Magazine.
  • Recognized in the 2016 edition of Chambers Canada Canada's Leading Lawyers for Business as a leading privacy and data protection lawyer.
  • Recognized in the 2016 edition of The Canadian Legal Lexpert® Directory (Computer and IT Law).

Associations

  • Canadian IT Law Association (IT.Can)
  • International Association of Privacy Professionals (IAPP)
  • Lecturer, Droit de la protection des renseignements personnels et TI at the Faculty of Law of the Université de Montréal
  • Board member, Société québécoise d'information juridique (“SOQUIJ”)
  • Board member and member of the editorial board, Cahiers de propriété intellectuelle (Thomson Reuteurs publication)
  • Research CRDPC (Centre de Recherche en Droit Public) and RDCG (Regroupement Droit changements et Globalisation), Université de Montréal