Éloïse Gratton, Ad. E.

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

  • 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 Management, Te...

    Read more
    AccessPrivacy Monthly Call: Legislative Reform in the Canadian Privacy and Data Arena

Awards and Recognition

  • Chambers Canada: Canada’s Leading Business Lawyers: Recognized in Privacy and Data Protection (Band 1).
  • The Canadian Legal Lexpert Directory: Recognized in Advertising & Marketing Law; Computer & IT Law; Data Protection & Privacy.
  • Lexpert Special Edition: Recognized in the 2023 edition (and since 2020) in Technology and Health Sciences.
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Recognized in the 2024 edition in Data & Privacy Protection.
  • 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”.
  • Recognized in the 2023 Women in Law Leadership Stronger Together Award.
  • Recognized as a 2023 Thomson Reuters Stand-out Lawyer.
  • Canadian Lawyer magazine: Honoured as one of the 25 most influential lawyers (in 2016 and in 2021).

Media Mentions

  • 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 Privacy a...

    Read more
    Prominent privacy lawyers Éloïse Gratton and François Joli-Coeur join Osler’s market-leading national Privacy and Data Management practice

Community Involvement

  • Canada Health Infoway, Board Member

Speaking and Writing

Speaking Engagements

speaker 29/5/2024
AccessPrivacy Monthly Call: Legislative Reform in the Canadian Privacy and Data Arena
Read more

Preparing for the Privacy Reform in Canada”, FPF Privacy Leaders Meeting, Webinar, November 29, 2023.

Getting Ready for Québec’s New Privacy Law in 2023 (Part 1): Using what we know so far”, IAPP Canada Privacy Symposium 2023, Toronto, Toronto, May 25, 2023. 12:00 p.m.—1:00 p.m.

Getting Ready for Québec’s New Privacy Law in 2023 (Part 2): Navigating uncertainty in the Law”, IAPP Canada Privacy Symposium 2023, Toronto, May 25, 2023. 3:30 p.m.—4:30 p.m.

Published Work

  • 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 perspectivesDéveloppements 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