Éloïse is recognized nationally as a leading privacy law practitioner in Canada, and co-chair Osler’s national privacy and data management practice. She advises corporations across multiple sectors on a wide array of privacy compliance, crisis and risk management, cyber incidents, ethics, data governance matters and the evolving area of artificial intelligence. Éloïse also represents clients on privacy regulatory investigations.
Ranked Band 1 by Chambers Canada in Privacy & Data Management, Éloïse also offers strategic support to Canadian and international clients. Éloïse has authored several books in the privacy law area used in law courses and cited by academic journals and landmark privacy decisions of the Supreme Court of Canada. Éloïse serves as a member of the Canadian Chamber of Commerce Innovations & IP Committee and has testified before parliamentary committees on information, privacy, and technology. She is a member of the Institute of Corporate Directors and is a board member of Canada Health Infoway.
Éloïse was recently honoured by Canadian Lawyer magazine as a forward thinker and selected twice as one of the country’s 25 most influential lawyers, as well as selected as one of Canada’s Top 100 Most Influential Women by the Women’s Executive Network (WXN) in the “CIBC Trailblazers & Trendsetters” category.
Representative Work
Prior to joining Osler:
- Assisted an American Computers and information technology in relation to an investigation from the Office of the Privacy Commission of Canada pertaining to its AI tool.
- Assisted a Canadian chain home improvement retailer in relation to an investigation from the Office of the Privacy Commission of Canada pertaining to its use of offline conversion tools.
- Assisted an American multinational technology company to support its launch of new product features or services, such as enhanced search capabilities on its e-commerce website, real-time package delivery tracking, and personalized features on its digital streaming service.
- Retained by a multinational pharmaceutical company to advise on privacy compliance issues in connection with the client’s various business activities, such as patient support programs and digital marketing initiatives; and facilitating global cross-border data transfers.
- Retained by a central bank to advise on the creation and implementation of a blockchain-based Central Bank Digital Currency (CBDC), which included advising on the legal and regulatory framework governing CBDC and assisting the client in implementing privacy by default and by design principles.
Latest Insights
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Webinar Jan 29, 2025
Monthly Privacy Call: the 2024 year in review
In this special edition of the Monthly Privacy Call, the partners from Osler's national Privacy and Data Management group will cover critical...
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Osler Update Dec 3, 2024
The Québec AMF’s new information security incident reporting regime: what financial institutions need to know
Québec’s financial regulatory agency published a new information security incident reporting regime, with obligations for certain financial...
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Report Nov 1, 2024
Guide to Doing Business in Québec
Québec is Canada’s largest province by geography and its second most populous province. Québec’s strategic location offers unique...
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Webinar May 29, 2024
AccessPrivacy Monthly Call: Legislative Reform in the Canadian Privacy and Data Arena
In this month’s webinar, Adam Kardash is joined by Partners and Special Counsel from Osler's Privacy and Data...
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Awards and Recognition
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Chambers Canada: Canada’s Leading Business Lawyers: Recognized in Privacy and Data Protection (Band 1).
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The Canadian Legal Lexpert Directory: Recognized in Advertising & Marketing Law; Computer & IT Law; Data Protection & Privacy.
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Lexpert Special Edition: Recognized in the 2023 edition (and since 2020) in Technology and Health Sciences.
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Lexpert’s Leading 500 Cross-Border Lawyers: A Guide to Doing Business in Canada: Recognized in Data & Privacy Protection.
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Best Lawyers in Canada: Recognized in the 2024 editions (and since 2016) of The Best Lawyers in Canada®—(Privacy and Data Security Law) and as “Information Technology and Privacy and Data Security Lawyer of the Year—Montréal” in the 2019, 2021 and in the 2023 editions and recognized in 2023 as “Lawyer of the Year”.
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Recognized in the 2023 Women in Law Leadership Stronger Together Award.
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Recognized as a 2023 Thomson Reuters Stand-out Lawyer.
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Canadian Lawyer magazine: Honoured as one of the 25 most influential lawyers (in 2016 and in 2021).
Media Mentions
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Osler News May 21, 2024
Prominent privacy lawyers Éloïse Gratton and François Joli-Coeur join Osler’s market-leading national Privacy and Data Management practice
Osler is pleased to welcome prominent privacy law practitioners Éloïse Gratton and François Joli-Coeur to the firm’s market-leading national...
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Community Involvement
- Canada Health Infoway, Board Member
Speaking and Writing
Speaking Engagements
AccessPrivacy Monthly Call: Legislative Reform in the Canadian Privacy and Data Arena
Read morePublished Work
- “An Update on New Québec Confidentiality Incidents and Record-Keeping Requirements”, Electronic Healthcare Law Review, Vol. 12 no 2, November 2022 (with Daniel El Khoury and Eric Charleston)
- “Les mutations causées par l’intelligence artificielle (IA)”, Droit-Montréal no 28, p. 44, October 2021 (with Nicolas Vermeys)
- “The Right to Erasure of Personal Information in Canada: Between Fact and Fiction, 18 C.P.L.R. no. 10, September 2021 (with Simon Du Perron and Andy Nagy)
- “Canada’s Consumer Privacy Protection Act: Impact for Businesses”, 18 C.P.L.R. no. 2, January 2021 (with Elisa Henry, Daniel Michaluk, Ira Parghi, François Joli-Cœur, Max Jarvie, Katherine McNeill and Andy Nagy)
- “OPC Lays Groundwork for a Canadian Right to Be Forgotten in Recent RateMDs Privacy Decision”, 18 C.P.L.R. no. 1, December 2020 (with Andy Nagy)
- “Anonymous Video Analytics’ Future Uncertain After Canadian Privacy Regulators’ Investigation”, 29 Canadian Corporate Counsel 92-98, November 2020 (with Andy Nagy)
- “Manufacturers of Internet of Things: Guidance from the Canadian Federal Privacy Commissioner”, (2020), 17 C.P.L.R., (with Edona C. Vila and Max Jarvie)
- “Proposed Amendments to Québec Privacy Law: Impact for Businesses17”,P.L.R. no 9, August 2020 (with Elisa Henry, François Joli-Coeur, Max Jarvie and Andy Nagy)
- “Privacy Commissioners’ Report of Findings on Aggregate IQ: Challenges with Position on Service Providers’ Obligations” (2020), 17 C.P.L.R. (with Max Jarvie)
- “When is it legal to repurpose publicly available information for commercial purposes?” (2019), 17 C.P.L.R. (with Andy Nagy)
- “La protection des renseignements personnels dans le secteur privé au Québec : rétrospectives et perspectives“, Développements récents en droit de la vie privée, Vol. 465, Thomson Reuters Canada Limitée, 2019 (with Antoine Guilmain)
- “Frequently Asked Questions—PIPEDA’s Security Breach Obligations”, Canadian Privacy Law Review, (2019), 16 C.P.L.R., April 2019 (with Bradley Freedman and Elisa Henry)
Credentials
Education
- University of Montréal, LL.M
- University of Montréal, LL.B.
- Université Paris 2 Panthéon-Assas and University of Montréal, LL.D (Honours)
- Institute of Corporate Directors, ICD.D., Corporate Governance
Languages
- English
- French
Professional Affiliations
- Canadian Chamber of Commerce, Digital Economy Committee, Member
- International Association of Privacy Professionals, Member