Ryan Berger

Biography

Ryan Berger is a leading privacy and employment lawyer, with a primary focus on providing strategic advice to businesses and employers.

Ryan leads the firm’s Privacy Group and routinely advises public and private sector organizations on data protection, business confidentiality and privacy compliance, risk management strategies, breach response, access to information, and litigation. Ryan manages breach response teams for clients, including forensic investigation, crisis communications and notification. On the transactional side, Ryan works closely with the firm’s business group on technology development, innovation and deals involving data, as well as cloud and Software as a Service (SaaS) agreements.

Ryan also has substantial employment law practice, having practiced commercial and employment litigation for over 20 years. He advises employers in a wide range of employment and dismissal cases, as well as harassment and human rights complaints. Ryan is experienced in the development and enforcement of restrictive covenants.

Ryan has unique experience in the health care space. He has advised and represented health authorities in privileging, discipline and related employment matters. He also combines his understanding of the health care space with keen interest in privacy law to advise electronic medical records providers, clinics and technology companies in the evolving digital health care world.

Ryan has extensive experience in commercial litigation, having appeared before all levels of court in British Columbia and the courts of other provinces, as well as various tribunals and boards.

Professional Activities

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

Recognitions & Rankings

Chambers Canada: Privacy & Data Protection - Nationwide (Band 4), 2024-2025
Best Lawyers in Canada:
- Labour and Employment Law, Municipal Law, and Privacy and Data Security Law, 2015-2025
- Lawyer of the Year - Privacy and Data Security Law (Vancouver), 2022, 2024
Canadian Legal Lexpert Directory: Data Protection & Privacy (Leading Practitioner), 2023-2025

Experience

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