Commercial Counsel, Privacy

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Are you passionate about reaching new heights, teamwork and making a meaningful contribution? Do you picture yourself as a valued member of an industry-leading organization? If you answered yes to these questions, Air Canada is seeking enthusiastic individuals to join the diverse and vibrant team working together to lead the growth and expansion of Canada’s flag carrier.

 

Air Canada is Canada's largest domestic and international airline serving more than 200 airports on six continents. We are among the 20 largest airlines in the world and serve over 48 million customers. This year, for the second year in a row and the seventh time in nine years, we were selected Best Airline in North America in the independent U.K. Skytrax World Airline Awards. We are growing and transforming on our corporate mission “Flight Path” to become a Top Ten global airline in everything we do. 

We have an innovative and passionate team of over 50 legal and compliance professionals and support staff that continues to earn the respect and confidence of its internal clients, participating as true business partners to support Air Canada’s strategic objectives. When you join Air Canada and its Law and International Affairs Branch, you will become a vital part of a team of driven professionals that aim to be “World Class” in everything we do. 

Air Canada is looking for a commercial lawyer with an expertise in privacy laws.

Privacy matters to our customers, our employees, our business and our brand, and as Air Canada operates around the globe it is subject to a variety of privacy and related laws, including data protection and anti-spam laws. This position is part of Air Canada’s ongoing initiative to grow its privacy legal and compliance teams, and as part of your role, you will act as a privacy and data protection subject-matter expert on the Commercial Law team, supporting colleagues and clients in ensuring that data heavy commercial initiatives properly account for our legal obligations and in other initiatives ensuring that the appropriate privacy and data-protection provisions are properly included in all vendor/supplier contracts. 

More specifically, the Commercial Counsel, Privacy’s responsibilities will include:

  • Supporting clients leading Air Canada’s efforts to make better use of data by negotiating and drafting the contractual basis for their initiatives to succeed while ensuring our practices comply with privacy laws and meet customer and employee expectations.
  • Assisting fellow commercial counsel and supporting clients in analyzing the nature of the parties to vendor/supplier contracts (i.e., whether they are “controllers” or “processors” of personal data) and trans-border data flows necessary to determine and advise on the appropriate data-protection provisions.
  • Designing tools to help the commercial counsel team efficiently identify when the Data Protection Agreement and certain supplements (e.g., EEA model clauses) are required.
  • Maintaining and modifying as required Air Canada’s standard Data Protection Agreement, drafted as an addendum to the company’s standard master services contract and other template agreements to serve as the primary instrument to ensure compliance with multiple data-protection laws (e.g., PIPEDA and GDPR).
  • Assisting commercial counsel and clients with the negotiation of Data Protection Agreements and other appropriate contractual data protection provisions, as necessary.
  • Assisting members of the Privacy Office in the development of a framework to monitor vendor/supplier compliance with data protection provisions and in the provision of legal advice as it relates to privacy and data protection matters.
  • Keep abreast of developments in privacy/data protection laws and anti-spam laws in Canada and internationally (particularly the European Union).


As a member of the Corporate & Commercial team, you will also:

  • Work on a variety of commercial transactions and initiatives supporting all aspects of our business and operations. 
  • Be responsible for providing advice on contractual matters and other legal issues and drafting, reviewing and commenting on contractual and other documentation. 
  • Play an important role in negotiating and supporting the “client” in all phases of a project, from conception through the letter of intent to completion of the final transaction documentation. 

 

Qualifications

The successful candidate will have:

  • A minimum of five (5) to eight (8) years of relevant experience in a leading law firm or an established in-house legal department; privacy accreditation an asset.
  • A passion for learning and gaining a deep understanding of the business to more effectively support strategies and objectives.
  • Strong written and oral communication skills, possess good business judgment and be strategic, pragmatic and thorough with a solid ability to assess legal and business risk. 
  • Strong drafting, negotiating and analytical skills, be a leader, self-motivated and someone who thrives on challenges and having responsibility and who enjoys working in a dynamic and constantly evolving environment alongside a very cohesive team of professionals. 
  • Strong commercial law background and particular experience in the drafting and negotiation of a variety of commercial agreements, including contracts relating to information technology, e-commerce services, licensing, outsourcing and intellectual property.
  • Solid understanding of and practical experience with PIPEDA, CASL and related federal statutes, as well familiarity with the common law and civil law of privacy.
  • Experience before the Office of the Privacy Commissioner, the Canadian Radio-television and Telecommunications Commission, and the Federal Courts strong assets;
  • Knowledge of the GDPR and other international privacy laws, and experience providing or obtaining legal advice applicable to multiple jurisdictions.


The successful candidate will have a track record demonstrating the following qualities or characteristics:

  • Drive for results and urgency and motivation towards achievement of goals.
  • Ability to understand, anticipate and meet “client” needs, effectively communicating and always remaining cognizant of related risks.
  • Strong desire to participate as part of a team and initiative to empower and guide the team (when appropriate), with an ability to contribute to a shared sense of direction.
  • Creative and analytical ability to consider, refine and merge different approaches to achieve workable solutions. 
  • Inclination to take initiative and be proactive and resourceful.
  • Be supportive of innovation, and adaptable and flexible to work effectively in a context of rapid change and to grasp opportunities to learn and build knowledge.
  • Facility in managing shifting priorities.
  • Capacity to work autonomously and under pressure, displaying composure in difficult situations, demonstrating thoroughness, tenacity and resilience to persevere.
  • Have a practical and business-oriented approach, recognizing the operational and commercial implications of any commercial arrangement. 


The successful candidate will be willing to go beyond a defined role, to tackle issues oneself as a means to increase overall effectiveness and who looks at the broad context to decide what action is called for to achieve the desired result. She or he will be prepared to pursue the tough option if it means doing the right thing for the business. She or he will consider the financial, operational or strategic impact of all actions and decisions and ensure that these factors are appropriately considered. 

The ability to convey messages and thoughts clearly, concisely, persuasively and in a focused manner; to listen and question appropriately to gain full understanding; to tailor the message appropriately to the listeners; and to share information, ideas and feedback in a timely manner are essential. Integrity (including a strong work ethic, high personal standards, discretion in handling sensitive and confidential information, dedication to follow through on commitments, and openness and honesty in communications as well as a respectful demeanor) is assumed. The successful candidate will be one who takes pride in her or his role as a representative of Canada’s flag carrier.

The successful candidate will often be required to work autonomously but will have the benefit of working closely and exchanging with other counsel and internal clients who have acquired a broad and deep understanding of all commercial aspects of the business. While demands are often as high as in private practice, workflow tends to be more predictable. The work is diverse and challenging and not monotonous. There are regular opportunities for exposure to new mandates; the range of available work is wide, and quality is typically high. 

An international dimension is also present for one for whom an international practice, based in Montreal, is an attraction.

 

 

LINGUISTIC REQUIREMENTS
 
Based on equal qualifications, preference will be given to bilingual candidates.
 
Diversity and Inclusion
 

Air Canada is strongly committed to Diversity and Inclusion and aims to create a healthy, accessible and rewarding work environment which highlights employees’ unique contributions to our company’s success.

 

As an equal opportunity employer, we welcome applications from all to help us build a diverse workforce which reflects the diversity of our customers, and communities, in which we live and serve.

 

Air Canada thanks all candidates for their interest; however only those selected to continue in the process will be contacted.


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