Borden Ladner Gervais LLPPartner

Éloïse Gratton

About Éloïse Gratton

Éloïse Gratton is a lawyer practicing privacy and data protection, information technology, advertising, marketing and sponsorship law and 3 other areas of law. Éloïse received a degree from Université de Montréal in 1997, and has been licensed for 28 years. Éloïse practices at Borden Ladner Gervais LLP in Montreal, QC.

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Services

Areas of Law

  • Technology and Science 1
    • Information Technology
  • Other 5
    • Privacy and Data Protection
    • Advertising, Marketing and Sponsorship Law
    • Cybersecurity
    • FinTech
    • Canada's Anti-Spam Legislation (CASL)

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Borden Ladner Gervais LLP
  • Representative Cases & Transactions
    Cases
    Representative Work: Prevention: Compliance, Protection of Privacy / Anti-Spam Legislation
    Has been m
    ated more than twenty times to carry out privacy impact assessments
    to evaluate risks connected with the management of personal information, to design a protection of personal information program adapted to the needs
    risks faced by the client,
    to assist in implementing such programs for various clients, including an American multinational corporation traded on the NASDAQ stock exchange, specializing in Internet-related products
    services, a Canadian cable
    broadcasting telecommunications company,
    a leading firm that develops, manufactures, markets
    distributes a vast array of generic products for the retail pharmaceutical industry.
    Has been m
    ated more than a dozen times to conduct privacy audits, study personal information flows in companies
    their subsidiaries ( data mapping ) or conduct gap analysis , focusing on company practices connected with corporate policies
    /or applicable privacy statutes. These m
    ates have been performed for a number of clients, including one of the largest players in the retail trade, a Canadian leader in consumer products
    a Canadian company active in the retail pharmaceutical industry.
    Has been m
    ated to provide advice respecting questions dealing with human resources
    the protection of privacy, including issues related to recruitment, the management of access to information applications, the legality of monitoring practices, as well as the use of biometric data in the workplace. These m
    ates have been performed for various clients, including one of the largest automobile manufacturers
    a Canadian leader in consumer products
    a leading company in Analog
    Digital Television, High-Speed Internet
    Telephone services
    one of the world's largest professional services firms traded on the TSX stock exchange
    one of the world's largest professional services firms, as well as a multinational corporation working in the biopharmaceutical sector.
    Was retained by one of the big four accounting firms to develop tools
    procedures enabling it to assist its clients with certain aspects of the legislative requirements of the CASL (anti-spam) statute in connection with their business practices
    to provide consulting services to its clients concerning CASL compliance.
    Has been m
    ated by over forty companies to advise them on aspects of the legislative requirements of CASL (the anti-spam statute) in connection with their business practices, to draft
    develop necessary in-house
    external policies, as well as to develop their employee training programs. This work has been done for various clients, including a leading Canadian company in Analog
    Digital Television, High-Speed Internet
    Telephone services
    one of the world's largest professional services firms traded on the TSX stock exchange
    one of the largest automobile manufacturers
    a Canadian leader in the consumer products industry (a company quoted on the TSX stock exchange)

    one of the world's foremost suppliers of outsourcing services.
    Has been retained by various clients, including a leading supplier of digital services to traditional radios
    on the Web, one of the largest retailers
    one of the largest multinational sales
    affiliate marketing agencies in the world, to advise on the development of online marketing strategies, as well as on implementing best online behavioural advertising practices.
    Has been m
    ated over thirty times to provide training services, or to develop training programs, dealing with conformity to privacy law or the anti-spam statute, to employees who manage customers' or employees' personal information, teams from legal departments (including staff responsible for compliance), as well as to sales, marketing, human resources
    information technology teams. Various clients have thus been served, including one of the largest automobiles manufacturers, one of the biggest suppliers of outsourcing services
    a Canadian leader in consumer products.
    Was m
    ated to provide training to the team of the Privacy Commissioner of Canada, in Ottawa in 2009, focusing on privacy issues connected with location-based services,
    , in 2013, on the challenges relating to the concept of personal information in the light of new Internet technologies.
    Was m
    ated by one of the world's largest professional services firms traded on the TSX stock exchange to advise on its overall strategy for implementing the binding corporate rules developed by the Working Group on Article 29 of the European Union, enabling that client to transfer personal data across the borders of different European countries, in compliance with the EU's legal requirements.
    Was m
    ated by a supplier of geo-location services
    by a leading supplier of Mobile Data Intelligence solutions, to draft
    prepare privacy white papers used by those clients to market their products to potential partners.
    Crisis Management: Security Breaches
    Investigations/Actions for Breach of Privacy
    Has been m
    ated more than thirty times by various clients (including corporations operating in the financial services
    retail trade industries) to help them manage security breaches involving different Canadian jurisdictions, including investigating the violations, acting as the contact-person with the different interested parties, the individuals concerned, the media
    the different privacy commissioners (including the Privacy Commissioner of Canada, the Alberta
    British Columbia Privacy Commissioners
    the Commission d'acces a l'information du Quebec),
    assisting in drafting relevant letters of notification
    generally contributing to the response strategy.
    Has been m
    ated by an American multinational corporation quoted on the NASDAQ stock exchange
    specializing in Internet-related products
    services to prepare its defence strategy
    represent it in various class action lawsuits across Canada, alleging breaches of privacy connected with their technology products.
    Has been m
    ated more than ten times to represent clients in investigations carried out by privacy commissioners, on behalf of several clients, including an American multinational corporation traded on the New York Stock Exchange (NYSE), a leader in international family entertainment
    interactive media, a multinational technology company, a consumer credit company, a leading provider of insights
    knowledge
    various financial institutions.
    Technologies
    Business Transactions
    Has been m
    ated to advise several clients, including insurance companies, investment funds
    businesses active in new media, on respect for privacy
    regulatory compliance in those areas, as regards their business transactions (acquisitions or business partnerships)
    /or to carry out diligent privacy-related
    compliance audits of the target company, its products
    its Web site(s). More specifically, eloise has been retained by an American multinational traded on the NYSE stock exchange
    a leader in international family entertainment
    interactive media, to perform a privacy compliance audit of a virtual business (a 700 million dollar transaction).
    Has been m
    ated by various clients to advise them on legal issues relating to cloud computing services. In particular, eloise has represented one Canadian communications company that provides diversified services in the negotiation
    conclusion of strategic partnership agreements with resellers, OEMs
    suppliers of cloud computing services.
    Has been m
    ated several times to develop
    draft various policies, such as policies governing the use of employers' tools, information systems security policies or policies on managing security breaches
    cyber security breach response, as well as policies concerning social media, codes of conduct or codes of ethics, data retention
    destruction policies,
    Terms-of-Use agreements for websites or online services. These clients have included a leading Canadian company in Analog
    Digital Television, High-Speed Internet
    Telephone services, one of the world's largest professional services firms traded on the TSX stock exchange, one of the largest automobile manufacturers, a Canadian leader in consumer products (a company traded on the TSX stock exchange)
    one of the world's foremost suppliers of outsourcing services.

Experience

  • Bar Admission & Memberships
    Admissions
    1998, Quebec
    Memberships

    Professional Involvement

    •Lecturer, Droit de la protection des renseignements personnels et TI at the Faculty of Law of the Universite de Montreal
    •Board member, Societe quebecoise d'information juridique (SOQUIJ)
    •Board member and member of the editorial board, Cahiers de propriete intellectuelle (Thomson Reuteurs publication)
    •Research CRDPC (Centre de Recherche en Droit Public) and RDCG (Regroupement Droit changements et Globalisation), Universite de Montreal
    •Member, Canadian IT Law Association
    •Member, International Association of Privacy Professionals
    •Member, International Association of Privacy Professionals, Women Leading Privacy Advisory Board
    •Office Representative (Montreal), BLG's Diversity and Inclusion Committee

    Community Involvement

    •educaloi
    •Member, Diversity and Inclusion Committee

  • Education & Certifications
    Law School
    Université de Montréal
    Class of 2002
    LL.M.
    IT Law

    Université de Panthéon-Assas and Université de Montréal
    LL.D.
    with honours

    Université de Panthéon-Assas and Université de Montréal
    LL.D.
    2012 co-tutorship

    Université de Panthéon-Assas and Université de Montréal
    LL.D.
    Dean's list
    Other Education
    Université de Montréal
    Class of 1997
    LL. B.

Éloïse Gratton

Partner at Borden Ladner Gervais LLP
Not yet reviewed

1000 de La Gauchetière Street West, Suite 900Montreal, QC H3B 5H4Canada

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