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At Boston Scientific, we’ll give you the opportunity to harness all that’s within you by working in teams of diverse and high-performing employees, tackling some of the most important health industry challenges. With access to the latest tools, information and training, we’ll help you in advancing your skills and career. Here, you’ll be supported in progressing – whatever your ambitions.                

About the role:
 

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 U.S. federal and state laws and regulations. 
 

 
Your responsibilities will include:

• Advising business teams on the applicability and impact of various U.S. federal and state privacy laws that may have differential impact based on whether they operate as a covered entity, business associate, hybrid entity, or neither of the above
• Managing outside counsel to support global business goals and ensure compliance with applicable U.S. federal and state 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 and procedures in coordination with Global Compliance colleagues, the Legal Department, Global Security, R&D, Global Quality, all business units, Human Resources including the Group Health Plan, Corporate Analysis and Control and Information Systems; interacting with program and product management across Boston Scientific to provide direction and guidance on company-wide privacy and information security projects
• Advising Human Resources department on content and implementation of data protection requirements of policies and procedures
• In collaboration with Global Compliance colleagues, Human Resources, the Chief Information Officer, Global Security, and the Legal Department, 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 information privacy risk assessments, data audits, and implementation of recommendations resulting from same, including HIPAA Privacy and Security Assessments
• Reviewing privacy and information security implications of proposed business changes, including of mergers and acquisitions, marketing, and outsourcing activities
• Reviewing and advising business on drafts and approving 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
• Facilitating the development of privacy and data protection training and educational materials tailored to specific business/functional needs and legal requirements
• Assisting in maintaining third-party/vendor data management and compliance
• Remaining current on privacy and data protection developments, new legislation/regulations, and competitive benchmarking
• Managing appropriate policy and operational implementation of the requirements under HIPAA, including negotiation of Business Associate Agreements and development of related education

Required qualifications:

• J.D. from an accredited university with admission to practice law in at least one state
• Understanding of HIPAA and other applicable U.S. privacy and data protection laws and regulations (federal and state)
• Advanced proficiency in the independent review of complex BAA agreements and strong contract drafting and negotiation skills
• 7+ years of experience developing and implementing practical global privacy and data protection solutions, including policies, training and awareness programs, and communications

Preferred qualifications:

• Experience working at a global/multi-national organization
• Experience in the healthcare industry
• Certification in one or more of the following:
  • International Association of Privacy Professionals certification: IAPP/US
  • 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)
• 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