Ryan Berger is a partner in the Privacy Group and Labour, Employment and Human Rights Group in Vancouver. He has practiced commercial and employment litigation for 19 years, with a growing emphasis on data, privacy and business confidentiality issues. He 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.

Ryan also has experience advising on data protection and privacy compliance, risk management strategies, breach response, transactions and litigation. He uses his experience in data breach response to advise on litigation and risk reduction strategies.

Bar Admissions
Called to the British Columbia Bar, 1999

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

Significant Accomplishments
Privacy compliance
* Privacy advice and review of terms for on line platforms and solutions for one of Canada's leading EMR providers. Advised British Columbia's first approved ride hailing platform on various aspects of business and regulatory issues, including platform structure, app terms and privacy matters.
* Advised a leading digital health technology company on privacy matters and integration with clinics, as well as transactional due diligence.
* Advised on and negotiated service agreements on behalf of multinational retailer for Canadian food delivery digital applications.
* 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
* Managing breach response, including engagement of forensics, privileged investigations, remediation, related communications, notices, and reports in multiple jurisdictions
* 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
* Advising on risk and mitigation strategies against known and ongoing cyber attacks, including PCI risk and compliance

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

Health Care
* Advising various health authorities in respect of contract, employment and medical staff privileging issues
* Independent legal advice for Medical Advisory Committees in investigations and discipline
* Providing privacy advice regarding centralized credentialing and privileging system
* Obtained injunction on behalf of five BC health authorities to prevent withdrawal of services by BC anesthesiologists

Professional Associations
Recognition and Ranking
* Canadian Legal Lexpert Directory 2023-2026: Data Privacy & Cybersecurity (Leading Practitioner)
* Chambers Canada 2024-2026: Privacy & Data Protection - Nationwide (Band 4)
* Best Lawyers in Canada 2015-2026: Privacy and Data Security Law
* Best Lawyers in Canada 2015-2026: Municipal Law
* Best Lawyers in Canada 2015-2026: Labour and Employment Law
* Best Lawyers in Canada 2022, 2024: Lawyer of the Year - Privacy and Data Security Law (Vancouver)


Professional Activities and Experience
Freedom of Information and Privacy Section, Canadian Bar Association, past Chair and current Executive Member

• What Should Businesses Do About the Recommendation to Wear Masks in Indoor Public Spaces Until Fully Vaccinated?

  By Ryan Berger |July 2021

• Will Vaccine Passports be Required in our Workplaces: Guidance on Vaccine Passports and Policies

  By Ryan Berger, Emily Raymond |June 2021

• B.C. Government Mandates Employer-Paid COVID-19 Leave, With More Paid Leave to Come

  By Ryan Berger |May 2021

Labour & Employment Law Blog

Lawson Lundell LLP

Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.

Pensions and Employee Benefits Law Blog

Lawson Lundell LLP

Lawson Lundell's Pension and Employee Benefits Law Blog provides updates on the most recent legal developments impacting pension and employee benefit plans. We cover a range of topics, including recent case law and changes to relevant provincial and federal legislation.

Privacy & Data Management Blog

Lawson Lundell LLP

This blog is authored by members of the Privacy & Data Management Department. We follow new and interesting issues emerging in the legal and business communities. We follow emerging issues, legal developments, and new technology as they impact privacy and data management. We will focus on how organizations can protect, manage and innovate with information considering the various risks, regulatory and governance requirements.