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Corporate Counsel/sr. Corporate Counsel, Privacy
Refer job# GSFB163090
 
Corporate Counsel/Sr. Corporate Counsel, Privacy Duties: Reports to Executive Vice President & General Counsel and will be an integral part of a cross-functional team that works to ensure our business compliance with applicable global data privacy laws and regulations. Supports an increasing demand for both legal and operational advice and guidance regarding global privacy and security matters. Delivers pragmatic solutions for privacy compliance in day-to-day operations, as well as product development and design, and will continuously advance the overall data protection and privacy program. Works closely with other departments within the company to counsel on a wide range of privacy and security laws implicated in the development, global commercialization, and ongoing support of diverse customer types using our diabetes technology products that range from hardware with embedded software, to a suite of connected digital health products. Identifies and assesses global privacy and security requirements of commercial product offerings, including medical devices and all related software, cloud services, mobile apps, web applications, and portals accessible by end users, healthcare providers, and distribution partners. Develops standard operating and internal audit procedures to ensure data protection and privacy compliance requirements are addressed throughout product and information lifecycles. Interacts with business partners, healthcare organizations, health insurers, and service providers regarding data privacy and data protection-related matters. Contributes to the legal analysis and associated content development for the company s partnership and collaboration efforts. Maintains awareness of emerging laws, regulations, enforcement activity, and trends and developments in industry best practices related to privacy and data protection. Provides sound compliance advice based on a comprehensive understanding of United States and the Outside-United States legal and regulatory data protection and privacy requirements. Creates and delivers regular communications and training to key functional areas in order to ensure awareness of federal, state and international data protection and privacy requirements, as well as internal processes and practices. Develops deep understanding of company processes and partners with members of the legal, information technology, cyber security, research & development, commercial and HR to identify and mitigate privacy compliance risks. Develops and continuously improves company privacy program including updates to standards, policies and procedures. Conducts privacy and data protection impact assessments of programs, systems, products, and services. Maintains data inventories/records of processing activities to track the Company s collection, use, and disclosure of individuals personal information, as well as respond to individuals data access requests. Partners with Cyber Security and Information Technology to establish metrics measuring the effectiveness of compliance initiatives and controls; tracks and reports on compliance issues to senior leadership. Develops and maintains practical incident response playbooks and manages the company s response to any privacy/security incidents in conjunction with the Cyber Security team. Manages the company s response to customer complaints and investigates and prepares responses to any privacy/security incidents. As needed, interact with external counsel to assess, measure, and manage risk. Assists with drafting and negotiating privacy-related agreements, including Business Associate Agreements, Data Processing Agreements, Standard Contractual Clauses, HIPAA marketing authorizations, and various consents. Drafts, reviews and negotiates data protection, privacy, and cyber security terms within general company contracts. Assists in evaluating available cyber insurance products. Works closely with corporate paralegal and other internal customers to develop and improve internal processes that will support the overall growth and scaling of the legal department. Functions independently and delivers results with minimum supervision. Maintains the confidentiality of Legal Department communications and documentation.

Qualifications: BS/BA degree in a related field. Juris doctorate (with a license to practice in the state of California) preferred, but equivalent education and significant applicable job experience will be considered (in such case job title would be reconsidered). Security, Privacy or Audit Certifications, such as CISSP, CIPP, CISA, CISM strongly preferred. Must have 5+ years of practical privacy compliance experience involving personal health information (e.g., conducting privacy assessments, drafting privacy notices and/or external privacy collateral, advising on privacy-by-design, developing internal policies and procedures, etc.) in key global markets. Experience reviewing, drafting, and negotiating information security and privacy provisions in agreements; privacy and data transfer or processing agreements; and network access, disaster recovery and other related technology agreements. Experience advising clients with heavy direct-to-consumer contact through multiple channels of communication (phone, email, text, web). Understanding of risks facing a global medical device company, such as anti-bribery, anti-corruption, and anti-kickback laws, rules and regulations. In-depth knowledge of data protection and privacy laws, such as HIPAA, PIPEDA, CCPA, GDPR, domestic and international breach notification laws, and additional regionally applicable laws and regulations. Knowledge of, and working experience with, appropriate responses to privacy breach events, including interactions with relevant federal and state authorities. Effective verbal and written communication and presentation styles to interact with diverse audiences, including outside attorneys, senior management and business associates. Familiarity with global import/export and logistics compliance matters. Understanding of business and privacy sensitivities of healthcare organizations. Technical understanding of IT infrastructure, web-based software and mobile Apps and ability to work with IT, cyber security, and engineering teams in applying privacy-by-design principles. Demonstrated privacy, compliance or another form of operational experience translating legal and regulatory requirements into a comprehensive privacy program that utilizes practical processes and practices for global IT systems, services and operations. High level of integrity supported by sound judgment and ethics. The ability to identify compliance issues and resolve them through both internal and external research. The ability to operate independently and develop and implement strategies to maximize the efficiency and effectiveness of the global legal function. The ability to handle complex matters, across multiple simultaneous initiatives that require discretion, confidentiality and prioritization.
 
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