Senior Legal Counsel, US Privacy & Data Protection

Senior Legal Counsel, Us Privacy & Data Protection

Boston Scientific is looking for a United States-based Privacy Counsel to join the legal department as a key contributor to its growing world-class Global Privacy Team. This role provides you with the opportunity to deliver legal advice and counsel to an innovative medical device leader on a broad portfolio of diverse privacy and data protection matters. Your day will include a variety of matters that will require you to assist, advise, investigate, research, and resolve legal matters as well as write corporate legal policies to ensure that company personnel are aware of and in compliance with applicable privacy and security laws and regulations.

Your responsibilities will include:

• Advising business teams on the applicability and impact of various regional, federal, and state privacy frameworks, laws, and regulations that may have differential impact based on whether they operate as a medical device provider, healthcare provider, controller, processor, covered entity, business associate, or hybrid entity.
• Managing outside counsel to support global business goals and ensure compliance with applicable privacy and security laws and regulations.
• Fostering company compliance with global privacy and data protection laws and regulations as well as privacy and information security best practices and standards.
• Providing legal counsel and support in business development activities, including conducting due diligence, advising on privacy and data protection issues, facilitating transfer of legal responsibilities, assisting and advising on product development related issues as they arise, and directing outside counsel in assisting the company with issues as needed.
• Identifying, implementing, maintaining, and updating privacy policies, procedures, training, and educational materials in coordination with colleagues and cross-functional departments and business units, particularly Global IT and Cybersecurity, Legal and Compliance, Global Security, Global Quality, business units, and Human Resources.
• Interacting with program and product management across Boston Scientific to provide direction and guidance on company-wide privacy and information security projects.
• Assisting with the processes for receiving, managing, and appropriately responding to potential and actual security/privacy breach incidents, complaints related to privacy and security issues, and government authorities' inquiries into the company's privacy policies and procedures.
• Coordinating privacy impact assessments, audits, and implementation of recommendations resulting from same.
• Reviewing privacy and information security implications of proposed business changes, including mergers and acquisitions, marketing, and outsourcing activities.
• Reviewing and advising business on data protection requirements in contracts in a variety of areas, including IT cloud service, application development, distributor data handling, consulting, non-disclosure, research, data use, clinical, business acquisitions and mergers, and other areas as needed to ensure business interests are protected.
• Structuring, negotiating, and drafting privacy, data protection, and business associate agreements and assisting business and commercial counsel in reviewing data protection sections of software license agreements, master services agreements, professional services agreements, SOWs, and other types of commercial agreements.
• Assisting in implementing and maintaining data mapping and third-party/vendor data management and compliance.
• Remaining current on privacy and data protection developments, new legislation/regulations, and competitive benchmarking applicable to global medical device and healthcare organizations.

Required qualifications:

• J.D. from an accredited university with admission to practice law in at least one state.
• Understanding of HIPAA, state consumer privacy laws, My Health My Data laws, and other applicable U.S. privacy and data protection laws and regulations, and of GDPR.
• Advanced proficiency in the independent review of complex privacy agreements and strong contract drafting and negotiation skills.
• Minimum of 5 years of related legal work experience advising on global privacy and data protection frameworks applicable to medical device and healthcare clients, ideally as in-house counsel.

Preferred qualifications:

• Certification in one or more of the following:
• International Association of Privacy Professionals certification
• Certified in Healthcare Privacy Compliance (CHPC) by the Health Care Compliance Association
• Knowledge of industry standards affecting privacy and information security, such as NIST and ISO 27001/27002; privacy and/or security professional certifications (e.g., CIPP)
• Experience advising medical device, pharmaceutical industry, and/or health care provider clients
• Previous experience providing strategic guidance on global privacy and data protection laws and supporting global projects by advising on privacy requirements, risk mitigation strategies, and data governance best practices
• Understanding of LGPD, PIPEDA, PIPL, PIPA, and similar global statutory frameworks
• Familiarity with the legal and compliance implications of IT service management, customer relationship management, and cloud-based systems, including experience with negotiation of related data protection agreements
• Understanding of responsible AI and data governance principles, with the ability to provide legal guidance on fairness, accountability, transparency, and ethical deployment of AI technologies within healthcare and medical device contexts
• Strong communication, presentation, interpersonal, and project management skills
• Ability to work independently and drive results
• Proactive attitude and approach towards continuous improvement
• Dedicated commitment to the highest standards of quality, integrity, ethics, and profession