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Ryan Berger

Head of Data Protection, Privacy and Cybersecurity - Canada, Partner

Ryan Berger

Vancouver

T:+1604.641.4956

Ryan Berger advises on data and privacy compliance, risk management strategies, breach response, transactions and litigation.

Ryan has practiced commercial and employment litigation for 18 years, with a growing emphasis on data, privacy and business confidentiality issues.

He counsels clients on a broad range of data, privacy, cybersecurity and information management issues. Ryan routinely advises and represents public bodies, financial institutions, retailers and telecommunications companies in compliance, risk management, investigations and inquiries. Experience in information law issues include data-based products and services, big data, use cases, marketing, corporate transactions, SaaS and vendor management, cross-border sharing and storage, cloud computing, incident and breach response and pre-response planning. Transactions commonly involve sensitive data, electronic medical records, e-commerce applications, new technology and compliance. Ryan has experience in data breach response and applies this in advising on litigation and risk reduction strategies.

He is past chair and current executive member of the British Columbia Information and Privacy section of the Canadian Bar Association.

Ryan advises employers in a wide range of employment and dismissal cases, as well as harassment and human rights complaints. He assists businesses with enforcement of restrictive covenants and protection of confidential information.

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  • Education

    LL.B., University of British Columbia, 1998
    B.A., Lee College, CA, 1994

  • Representative experience

    Mr. Berger has acted in the following matters:

    Privacy compliance

    • Compliance review and implementation plan for various lines of Canadian business in a US-based multinational financial institution such as information handling policies, breach response procedures, as well as regional and business-specific guidance documents. Key projects included creating a global privacy policy template, identifying gaps in existing policies, and updating regional and line of business documents
    • Review and assessment of multinational information flows, security and privacy compliance, advice on policy and procedure improvements, and third party vendor agreements for a leader in the Canadian convenience store industry, with a significant presence in the US and Europe
    • Canadian privacy review and analysis of existing apps and apps in development for a multinational bank, drafted and negotiated constellation of agreements for mobile wallet applications
    • Privacy assessment for a large Western Canadian retailer and pharmacy, including its e-commerce platform, gap assessment, as well as revision and negotiation of third party vendor contracts
    • Advising on Canadian privacy compliance and implementation of large vehicle fleet implementation and use of GPS systems, including negotiation of vendor agreement

    Cyber risk management

    • Advising on comprehensive incident response plans for a multitude of organizations, including financial institutions, to address data security and privacy incidents affecting critical infrastructure, system availability and personal information breaches

    Inquiries and Investigations

    • Representing publicly traded business in access to information inquiries
    • Representing various public bodies in inquiries before the BC privacy commissioner

    Employment and Litigation

    • For employers in for-cause terminations resulting in wrongful dismissal claims and dismissal of human rights complaints alleging discrimination
    • For shareholders in corporate oppression action and dispute amongst shareholders regarding company valuation. Obtained remedy and value for shareholders
  • Admissions
    • British Columbia 1999
  • Rankings and recognitions
    • Best Lawyers in Canada, 2017: Recognized leading lawyer in the area of Labour + Employment Law
    • Best Lawyers in Canada, 2016: Recognized leading lawyer in the area of Labour + Employment Law
  • Memberships and activities
    • Adjunct professor of the University of British Columbia Allard School of Law (2012-2017)
    • Canadian Bar Association - Civil Litigation, Employment Law, Freedom of Information and Privacy Law Section and Local Government Law