Eloïse is a leading expert in IT and privacy law and acts as privacy officer for McMillan's Montreal office. She provides privacy advisory services to clients from various industries, advising them on legal and privacy requirements of new projects, products, practices, programs and technologies, providing strategic national and international privacy compliance advice, assisting them in crisis management situations (privacy class actions lawsuits, security breaches) and in business transactions. She is an instructor accredited as per An Act to Promote Workforce Skills Development and Recognition and provides privacy training services to businesses and their employees. She has developed privacy training programs tailored for employees working in HR departments, IT and documents management departments, as well as marketing, communications and social media departments. Prior to joining the firm, she acted as Director of Corporate & Legal Affairs for a wireless technology company. She holds a doctorate degree in privacy law (University of Paris II and U of M). She is the author of the textbook "Understanding Personal Information: Managing Privacy Risks" (LexisNexis, 2013). She also contributed to the 2009 edition of "Privacy In The Workplace" (CCH). Her 2003 textbook "Internet and Wireless Privacy: Legal Guide to Global Business Practices" (CCH) was quoted by the Supreme Court of Canada in the Tariff 22 decision. She is often featured or interviewed in the news (TV, radio and newspapers articles) as an IT law and privacy expert (Radio-Canada, CTV, TVA, V, CBC, Les Affaires, National Post, Le Devoir, Journal de Montreal, etc.). Éloïse serves as a board member for the Canadian IT Law Association. Since 2009, she has been teaching e-commerce law (HEC) and privacy law (University of Montreal).
- TVA, April 12, 2013 - Insurance regulator loses data of 52,000 people (interview is around the 10 minute 30 second mark) (in French only)
- TVA news- April 12, 2013 - Informations bancaires - Les données personnelles de 52 000 investisseurs égarées (in French only)
- CTV News, 6pm news, January 21, 2013 (interview with Maya Johnson on the legal breach notification obligation of businesses in the context of the Dawson College student who discovered a security breach and was then expelled).
- Radio-canada, Désautels, January 21, 2013 (interviewed on the implications of the new Canadia anti-spam law coming into force).
- Radio-canada, Émission Pas de midi sans info, interviewed by Michel C. Auger, January 14, 2013 (interviewed on the implications of the new Canadia anti-spam law coming into force and more specifically, the new draft regulations issued by Industry Canada)
- CBC Radio Canada, interviewed by Sue Smith (comments on the Supreme Court case R. v. Cole pertaining to the expectation of privacy of employees in their employer-owned computer) October 19, 2012.
- CBC Radio, 88.5 FM, news of 7h30, interviewed on the civil and the criminal legal liability of the online company which hosted the murder video of Luka Magnotta, June 6, 2012.
- Michel Munger, Les entreprises se font tirer l'oreille sur la vie privée, Argent (TVA), interviewed on the Canadian privacy commissioner's 2011 annual report, June 5, 2012.
- CTV News (Montréal), On your Side: Bill C-28, going after spam, interviewed on the upcoming Canadian anti-spam legislation, May 17, 2012.
- CTV News (Montreal), interviewed by Caroline Van Vlaardingen, On Your Side: Q&A on Quebecers cut out of contests, PayPal, and more, April 30, 2012.
- Face-à-face (Canal V) TV show, Faites-vous attention à vos propos sur Internet?, interviewed by Caroline Proulx and Stéphane Gendron on legal issues and facebook, April 19, 2012.
- Max Harrold, Text Security may be at crossroads after police reported to obtain blackberry data, The Gazette, Montreal, January 6, 2012 (quoted as new media expert).
- CBC Radio, Daybreak with Mike Finnerty, January 6, 2012 (quoted as new media expert).
- CTV News (Montreal), Blackberry messages to be used in murder prosecution, January 6, 2012 (interviewed as privacy and new media expert).
- Max Harrold, Skype becoming favourite tool for criminals to communicate, The Gazette, Montreal, January 5, 2012 (quoted as new media expert).
- Catherine Dulude, Cimetière virtuel, Le Soleil de Châteauguay, Octobre 29, 2011 (quoted as new media and privacy expert).
- Jason Magder, New anti-spam law ‘good news' for public, The Gazette, August 31, 2011 (interviewed on the new and upcoming anti-spam law).
- Frédéric Nicoloff, "L'été du monde", Radio-Canada, July 27, 2011 (interviewed on the legal aspects and the privacy issues triggered by facial recognition technologies).
- Michel Munger, L'espionnage de News Corp, facile mais illégal, Argent, Canoe.com (TVA), July 19, 2011 (quoted as privacy expert and interviewed on the legality of the surveillance methods used by News Corp.).
- Diane Bérard, La foule joue les agents de sécurité, Journal Les Affaires (les affaires.com), June 18, 2011 (quoted as privacy expert and interviewed on the legality of a new business model in the U.K.).
- Michel Munger, Que fait votre banque de vos données personnelles?, Argent, Canoe.com (TVA), May 11, 2011 (quoted as privacy expert and interviewed on the legal concerns with the handling of personal information by banks).
- Gregory Bernard, "Point du Jour", Radio-Canada, February 28, 2011 (interviewed on the Facebook social network and legal issues).
- Valérian Mazataud, Les dangers des réseaux sociaux – Conseils et vie au travail, February 28, 2011, carriere.jobboom.com (interviewed as social media expert on the liability of employees blogging or posting content on online social networks).
- Fabien Déglise, On débranche et on réfléchit, Le Devoir, February 25, 2011 (interviewed on Facebook and legal issues).
- Jean-Luc Mongrain, "Mongrain" Show, TVA, February 16, 2011 (interviewed on the legality of employers monitoring their employees' emails).
- Agence QMI, Le vérificateur se fait pincer, Journal de Montréal, February 16, 2011, p. 9 (interviewed on the legality of the city of Montreal monitoring its controller's emails).
- Michel Munger, Votre patron a le droit de fouiller dans vos dossiers, Journal de Montréal, Canoe.com, February 15, 2011 (interviewed on the legality of the city of Montreal monitoring its controller's emails).
- François Paradis' show, TVA, December 9, 2010 (interviewed as social media expert on the liability of individuals blogging or posting content online).
- Téléjournal, Radio-Canada, Estrie, Decembrer 8, 2010 (interviewed as new media expert on online "cyberbullying" issues).
- Téléjournal, Radio-Canada, Estrie, October 17, 2010 (interviewed as social media expert on individuals blogging or posting content on Facebook and their employers using this information; commenting on the legal case of IBM's employee Nathalie Blanchard).
- Téléjournal, Radio-Canada, Estrie, October 11, 2010 (interviewed as new media expert on online "cyberbullying" issues).
- Gabrielle Duchaine, Le CHUM s'inquiète des dérapages sur les réseaux sociaux, Rue Frontenac, October 14, 2010 (interviewed as a social media expert on the liability of individuals blogging or posting content online).
- Kathryn Leger, Facebook case raises eyebrows, Granby woman's disability payments were cut off because of personal photos, The Gazette, November 27, 2009 (interviewed as social media expert on the liability of individuals blogging or posting content online).
- Cristina Howorun, US privacy petition could be good news for Canadian users of mobile devices, Tech Media Reports, February 1, 2009 (interviewed and quoted as mobile privacy expert).
- André Giroux, L'information électronique : Tour d'horizon des enjeux, Le Journal, Barreau du Québec, Vol. 40, No 3, March 2008 (interviewed and quoted as security and data protection expert).
- Paul Barker, Firms struggle with new privacy rules: Law called ‘less than clear,' raises jurisdictional issues, National Post, February 16, 2004, p. FP07 (interviewed and quoted as privacy expert).
- Shane Schick, Canada - PIPEDA Problems and the Private Eye, ITBusiness.ca (Canada), January 20, 2004 (interviewed and quoted as privacy expert).
- Retained by various clients (including a U.S. multinational mass media corporation and a leading Canadian provider of Digital Cable TV, High Speed Internet) in order to evaluate the legal and privacy requirements of their new products and technologies and provide strategic advice on the marketing of these products.
- Retained by global manufacturer and distributor of generic products for the retail pharmaceutical sector in order to conduct a Privacy Impact Risk Assessment and to develop a privacy program tailored to the client's risks, as well as assist in the implementation of this program.
- Retained by various clients (including a global leader in manufacturing and environmental services as well as a global pharmaceutical company) in order to advise them on HR and privacy issues which include recruitment issues, the management of access requests, the legality of surveillance practices (cameras, covert, telephone, emails, location-tracking, etc.), as well as on the use of biometric information in the workplace.
- Retained by various clients (including by a leading Canadian provider of Digital Cable and Telephone services) in order to advise them on anti-spam compliance in Canada. Also retained by leading digital service provider to traditional and online radio and by global affiliate marketing program service provider in order to advise them on privacy compliance issues and assist them in the development of their online marketing strategy as well as on the best behavioral marketing advertising practices to be implemented.
- Retained by global publicly traded (TSX) leading engineering services firm to provide advice on their global privacy compliance strategy, and to coordinate the implementation of Binding Corporate Rules developed by the European Union Article 29 Working Party allowing such client to make intra-organizational transfers of personal data across borders in compliance with EU Data Protection Law.
- Retained by location-based services provider and by leading Mobile Data Intelligence solution provider to draft and prepare privacy white papers, which are used by these clients to market their products to potential partners.
- Retained by a U.S. publicly traded (NASDAQ) Internet-related services company 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 in order to represent them in the context of a media investigation pertaining to a sensitive online privacy compliance issue.
- Advised various financial services companies and retail companies (in over twelve mandates) in dealing with multi-jurisdiction security breaches, investigating the breaches, liaising with various stakeholders, customers, the media and various privacy commissioners (including the Privacy Commissioner of Canada and the Quebec Commission d'Accès à l'Information), providing assistance in the drafting of the relevant notification letters and assisting in the overall response strategy.
- Retained by various clients (including by North American leader in the development, manufacture and sale of innovative and distinctive lines of consumer products and Leading Canadian provider of Digital Cable TV and High Speed Internet) in order to provide privacy compliance training services to employees from the HR department, the legal department, IT department and the team in charge of the various websites, as well as to the employees of the marketing, communications and social media departments.
- Advised and trained the team of the Privacy Commissioner of Canada in Ottawa, in 2009, on privacy issues pertaining to location-based services, and in 2013, on the challenges pertaining to the notion of personal information in light of new types of Internet technologies.
Assistance in Business Transactions
- Advised various clients (including various insurance companies) on privacy compliance in the context of business transactions (acquisitions or business partnerships) and conducted privacy compliance due diligence services of target businesses, products or websites. More specifically, was retained by U.S. publicly traded (NYSE) multinational mass media corporation in order to conduct the privacy due diligence of the target virtual business (transaction of $700 M).
Technology Agreements and Websites
publications and presentations
- 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.
May 07, 2013
La sécurité en ligne
(Available in French only)
Juri-Forum D'Éducaloi, Longueuil
security breach notification soon becoming mandatory in Canada
privacy law bulletin
April 18, 2013
Sécurité et technologie
(Available in French only)
Congrès AAPI en accès et en protection de l'information, (Association sur l'Accès et la protection de l'Information), Québec
April 17, 2013
Aspects légaux en matière de vie privée, publicité et spam
(Available in French only)
Salon eCom Montreal
- advertising and marketing
- information technology
- internet and e-commerce
Called to the Quebec bar
Université de Montréal, LLB
Université de Montréal, LLM (IT law)
Université de Panthéon-Assas (Paris II) and Université de Montréal (co-direction), LLD (Dean's Honour List and Recognition of Excellence)