Purpose of the Role: The Senior Counsel is a lead legal counsel for all segments in the Americas for digital governance, privacy and security. The incumbent will be an effective business partner to the segment businesses and is accountable to provide specialist legal support for decisions to grow business, manage legal risks and protect reputation while ensuring compliance with company’s policies and regulatory landscape. The incumbent will manage an extensive and diverse workload including the oversight and management of the external legal network in the Americas. S/he will play a key role within the Legal function to help set direction as it relates to Digital Governance, Privacy and Security. This is a critical role for Mars Inc. law department talent pipeline.
Working with other members of the legal team, develop and implement legal strategies for the businesses which will enable the growth of the business and effectively manage legal risks in the area of digital governance, privacy and cybersecurity.
Understand the key business issues that drive the legal issues, and consistently make commercial legal decisions that support achievement of the business objectives.
Effectively assess risks and opportunities to mitigate risks and influence business decisions in light of these assessments.
Support efforts in relation to legal and regulatory compliance and the Five Principles.
Partner with the digital technologies, commercial and information security teams to drive data optimization and governance.
Supervise the work of existing local advisers to ensure a rapid and cost-effective resolution of key issues. Work with the cross-segment legal team colleagues to optimize work product and harness all learnings.
Collaborate and partner with the regional and local cross-segment legal colleagues to ensure a consistent and aligned “One Mars” approach on key matters and issues.
Manage legal budget.
Advise the business on regional legal compliance requirements applicable to the privacy and management of the personal information of customers, employees and other individuals with whom the company interacts and related confidential personal information.
Support the maintenance of a global corporate data privacy program and compliance standards to comport with legal compliance requirements for each region, working in close collaboration with the wider legal team.
Provide guidance, support and leadership on digital and data protection legislation and regulation in each region.
Conduct risk assessments and provide digital and data protection advice on third party data processors and vendor transactions and new programs applicable to Europe business.
Conduct data privacy risk assessments of products and service offerings in the Americas.
Assess the impact of new and existing regulations or laws on existing operations and offerings; providing advice to the Technology, Product and other relevant business teams to foster privacy by design and alignment with applicable legal requirements and corporate data protection policies and standards.
Advise on the requirements and restrictions for international transfer of personal data and its contracting parties in the context of Americas data processing and information transfers, including the use of mechanisms such as BCRs and Privacy Shield.
Provide guidance and advice on appropriate digital and data protection terms for vendors, supplier, customer and employee agreements, as well as RFP's, bids, and strategic business partnerships. Collaborate with, and support other lawyers in each region with respect to legal forms, agreements, policies and notices in order to protect commercial and legal position in relation to digital and data privacy requirements.
Support critical incident management processes in addressing suspected or actual data privacy and security incidents in each region. Assess whether such privacy and security incidents potentially involve personal or sensitive data, provide counsel on the appropriate containment, investigation and remediation of any breaches; and advise on notification and regulatory reporting requirements, as well as relevant communications, working in collaboration with Corporate Affairs and relevant business teams.
Provide advice concerning requests for access to personal information.
Provide training and education to legal staff, management and employees relating to data privacy and protection, including key legal issues, laws and regulations, corporate policies and other relevant matters. Support the development and delivery of relevant privacy awareness and training initiative, build privacy awareness into corporate culture.
Understand business issues, anticipate and assess legal risks, and work to develop strategies to reduce potential risks in collaboration with other legal staff, Compliance, CISO and other relevant business functions.
Remain current on legal, regulatory, industry, political and macroeconomic developments affecting digital, data protection and privacy in each region and where required, liaise with Regulatory Agencies within region.
Education and Qualifications Required:
This Senior Data Privacy Lawyer/Counsel, Americas role requires a law degree from an accredited university in the U.S., with state bar admission to practice and/or privacy/security certifications.
A practising lawyer with relevant experience, preferably with both a well-regarded law firm and in-house.
Detailed knowledge of data protection/privacy and digital marketing requirements, litigation, laws and regulations in each region.
Recognised expertise in providing legal counsel relating to contracts and business relationships; and in relation to information technology service providers and vendors.
The ability to work collaboratively and to engage and influence in a matrix organisation.
Minimum 10 years of experience required. Ideally experience in a law firm as well as several years in the legal department of an international company and transaction focused, ideally in the CPG sector.
Very strong expertise in Privacy, Cybersecurity, Digital Governance and ability to internally handle legal matters.
Ability to travel domestic and international as required
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