Elisa Henry 

Co-Chair, Privacy & Data Protection
Montréal  t: 514.987.5083  |  e: elisa.henry@mcmillan.ca

Elisa Henry

Montréal
1000 Sherbrooke Street West
Suite 2700
Montréal, Québec H3A 3G4

t: 514.987.5083
e: elisa.henry@mcmillan.ca

overview

Elisa Henry is the Co-Chair of McMillan’s Privacy and Data Protection Practice Group.

She advises international and domestic clients on a broad range of privacy and data security compliance, intellectual property, information technology, e-commerce and business law. Her clients operate in various industries, including technology, telecommunications, media, aviation and aeronautics, financial services, retail, chemicals and pharmaceuticals. She is a core member of the team coordinating legal services to the International Air Transport Association (IATA) across the Americas.

Prior to joining McMillan, Elisa practised in international law firms based in Paris and then was Executive Director of McGill University's Centre for Intellectual Property Policy. She also taught private international law and the law of international arbitration for the master program of cyber-governance at the École Polytechnique de Lausanne.

Elisa is a member of the Paris and Montreal Bars. She is also a Registered Trade-Mark Agent in Canada and is a member of ITechLaw, the International Trademark Association (INTA), and the International Bar Association. Elisa has also been the liaison agent for the Paris Bar in Montreal since 2011.

Representative Matters

  • Advises an international airline association with respect to privacy and data security compliance (data mapping, risk analysis, policies, procedures and training) and various privacy questions.
  • Advises an international energy supplier with respect to processing of personal information by third parties, privacy compliance and training.
  • Acts for Médecins sans frontières (Doctors without borders) with respect to the EndTB project, a partnership aimed at radically changing the management of multidrug-resistant tuberculosis partly financed by UNITAID.
  • Advises an international electric battery manufacturer regarding international supply agreements and patent licensing.
  • Acts for a chocolate manufacturer with respect to the protection of its trademarks before the Federal Court
  • Advises an international digital advertising and marketing solutions provider with respect to its establishment in Canada, including on regulatory and commercial matters.
  • Advises a French supplier of enhanced navigation systems with respect to customers' personal data protection.
  • Advises a Swiss pharmaceutical company with respect to patients privacy and personal data protection.
  • Advises a US medical equipment manufacturer in the context of public calls for tenders.
  • Advises a Spanish veterinary health products manufacturer regarding the establishment of exclusive distribution and agency networks in Canada.
  • Assists a domestic aircraft parts manufacturer in its contractual negotiations with an airline company.
  • Advises a horse racing organization on various regulatory and commercial matters.
  • Advises an IT solutions provider on contractual matters with the Montreal airport.
  • Assists an airline association in various commercial and licensing matters.

Presentations

Stop the failing of IT projects
Speaker
It's all about the apps
Speaker
Online Advertising to Children
Speaker
Cross-Border Compliance Programs
Speaker
What you should know about intellectual property, contracts and litigation in Canada
Speaker
Panel Moderator
Privacy Compliance Programs
Speaker
Using trademarks to advertise to Québec consumers
Internet dans la mire de l'Europe : Google AdWords, la responsabilité des places de marché et développements en matière de noms de domaines
Contrefaçon sur les réseaux sociaux : les nouveaux visages de la cybercriminalité
From New York to Canada
Online marketing and trade-marks: the keyword pitfall?
Practicing IP and IT in Montreal
IT StartUps: Major Pitfalls to avoid, Dealing with IP, Data Protection and Social Media Issues
La protection des programmes d'ordinateur et des bases de données

Publications

The Promise Doctrine: Invalidated for Want of Utility
International Data Transfers to and from Canada
International Data Transfers to and from Canada in the era of the Trans-Pacific Partnership and the General Data Protection Regulation: implementation of robust safeguards measures protecting personal information should be Canadian businesses' top priority
French Language: the Quebec Government Proposes New Rules for the Public Display of Trademarks
Online Behavioural Advertising: An Update for Advertisers, Ad Networks and Agencies
Competition Bureau's Draft Intellectual Property Enforcement Guidelines Provide Welcome Clarity on Bureau Treatment of Intellectual Property
Internet and E-Commerce Law In Canada
Public Display of English-Language Trade-Marks: Quebec Court of Appeal Confirms the Decision in Magasins Best Buy Ltée v. Québec (Procureur Général)
Social Media and Websites as National Communication Platforms in Canada in Light of French Language Requirements
Practical Guide to e-Commerce and Internet Law
Trade-Marks 1 – 0 Quebec's Language Bureau

A Word on the Decision in Magasins Best Buy Ltée c. Québec (Procureur Général) handed down on April 9, 2014
The Final Chapter of the Cinar v Robinson Saga After 18 Years of Trial:
Lessons from the Supreme Court on Copyright Infringement of Unfinished Works and Copyright Infringers' Liability
L'emploi des marques de commerce

News

McMillan LLP ranks among top Canadian patent and trademark firms in Managing Intellectual Property's IP Stars Handbook
McMillan LLP, Haynes and Boone LLP and Guanes, Heisecke & Piera Enter into a Ground Breaking Relationship with IATA for Legal Services Across the Americas

Education

  • McGill University, LL.M. of comparative law - 2002
  • Université Paris II (Panthéon-Assas), DEA of private international law - 1998
  • Université Paris XI (Sceaux), Masters in business law - 1997

Year Of Call

  • Called to the Quebec bar - 2011
  • Called to the Paris bar - 2002

Practices

privacy and data protection
intellectual property
licensing
trademarks
technology
e-commerce
franchise and distribution
franchising and distribution disputes
government procurement
cybersecurity

Industries

applied technology
information technology
media
startups and emerging companies
franchising and distribution
manufacturing, distribution and retail

Community Involvement

  • Member of the Law Certificate (certificat en droit) program committee, Faculté de l'éducation permanente, Université de Montréal, 2013-2014

Awards & Rankings

  • Recommended Lawyer for IT-Outsourcing, Leaders League 2016

Media Mentions

vcard

Elisa Henry is the Co-Chair of McMillan’s Privacy and Data Protection Practice Group.

She advises international and domestic clients on a broad range of privacy and data security compliance, intellectual property, information technology, e-commerce and business law. Her clients operate in various industries, including technology, telecommunications, media, aviation and aeronautics, financial services, retail, chemicals and pharmaceuticals. She is a core member of the team coordinating legal services to the International Air Transport Association (IATA) across the Americas.

Prior to joining McMillan, Elisa practised in international law firms based in Paris and then was Executive Director of McGill University's Centre for Intellectual Property Policy. She also taught private international law and the law of international arbitration for the master program of cyber-governance at the École Polytechnique de Lausanne.

Elisa is a member of the Paris and Montreal Bars. She is also a Registered Trade-Mark Agent in Canada and is a member of ITechLaw, the International Trademark Association (INTA), and the International Bar Association. Elisa has also been the liaison agent for the Paris Bar in Montreal since 2011.

  • Advises an international airline association with respect to privacy and data security compliance (data mapping, risk analysis, policies, procedures and training) and various privacy questions.
  • Advises an international energy supplier with respect to processing of personal information by third parties, privacy compliance and training.
  • Acts for Médecins sans frontières (Doctors without borders) with respect to the EndTB project, a partnership aimed at radically changing the management of multidrug-resistant tuberculosis partly financed by UNITAID.
  • Advises an international electric battery manufacturer regarding international supply agreements and patent licensing.
  • Acts for a chocolate manufacturer with respect to the protection of its trademarks before the Federal Court
  • Advises an international digital advertising and marketing solutions provider with respect to its establishment in Canada, including on regulatory and commercial matters.
  • Advises a French supplier of enhanced navigation systems with respect to customers' personal data protection.
  • Advises a Swiss pharmaceutical company with respect to patients privacy and personal data protection.
  • Advises a US medical equipment manufacturer in the context of public calls for tenders.
  • Advises a Spanish veterinary health products manufacturer regarding the establishment of exclusive distribution and agency networks in Canada.
  • Assists a domestic aircraft parts manufacturer in its contractual negotiations with an airline company.
  • Advises a horse racing organization on various regulatory and commercial matters.
  • Advises an IT solutions provider on contractual matters with the Montreal airport.
  • Assists an airline association in various commercial and licensing matters.
July 2017
The Promise Doctrine: Invalidated for Want of Utility

Intellectual Property Bulletin

September 2016
International Data Transfers to and from Canada

Cybersecurity Bulletin

August 2016
International Data Transfers to and from Canada in the era of the Trans-Pacific Partnership and the General Data Protection Regulation: implementation of robust safeguards measures protecting personal information should be Canadian businesses' top priority

Canadian Corporate Counsel Association Journal

July 2015
Internet and E-Commerce Law In Canada
Social Media and Website as National Communication Platforms in Canada in Light of French Language Requirements
2015
Practical Guide to e-Commerce and Internet Law
Lexis Nexis, Toronto (with Eloise Gratton)
January 2013
L'emploi des marques de commerce
Jurisclasseur Propriété intellectuelle, Lexis Nexis
November 14, 2017
Sharing Data for Marketing Purposes: how far can you go?
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
October 2017
Stop the failing of IT projects
Speaker
IBA Conference , Sydney
February 2017
It's all about the apps
Speaker
International Bar Association, Silicon Beach Conference
January 2017
Online Advertising to Children
Speaker
Annual Advertising and Marketing Conference, Toronto, Ontario
November 2016
Cross-Border Compliance Programs
Speaker
Privacy, Data Protection and Cybersecurity in Canada,
McMillan client / Third Certainty Seminar, Montreal, Quebec
November 2016
What you should know about intellectual property, contracts and litigation in Canada
Speaker
Hamburg Aviation Cluster Workshop, Hamburg, via Skype
October 2016
Panel Moderator
France-Canada Investor Summit, Toronto, Ontario
April 2016
Privacy Compliance Programs
Speaker
Association of Corporate Counsels, Montreal, Quebec
January 2016
Using trademarks to advertise to Québec consumers
Annual Advertising and Marketing Conference, Toronto, Ontario
September 2015
Internet dans la mire de l'Europe : Google AdWords, la responsabilité des places de marché et développements en matière de noms de domaines
APRAM, Montreal, Quebec
March 10, 2015
Contrefaçon sur les réseaux sociaux : les nouveaux visages de la cybercriminalité
Commission ouverte du barreau de Paris
July 11, 2014
From New York to Canada
UBISTART, Supporting the innovation start-ups in the healthcare field, New York
June 2013
Online marketing and trade-marks: the keyword pitfall?
CLE Training, Montreal
February 2013
Practicing IP and IT in Montreal
IP Week, McGill Faculty of Law
January 2013
IT StartUps: Major Pitfalls to avoid, Dealing with IP, Data Protection and Social Media Issues
McGill Dobson Cup Bootcamp
June 2012
La protection des programmes d'ordinateur et des bases de données
Doing Business in Québec Conference, Paris