Director - Global Data Privacy (m/f/d)

The Director of Global Data Privacy is part of the Company’s Compliance Office. This position is based in Frankfurt, Germany and will report directly to the VP, Chief Compliance Officer with dotted line reporting to the VP, European General Counsel.

In this role, the Director of Global Data Privacy serves as a business partner and legal counselor to the operational leaders and employees of BorgWarner Inc. including its subsidiary businesses with over 40,000 employees, located at approximately 82 facilities in 24 countries.

As the leader of the BorgWarner Global Privacy Office, the Director of Global Data Privacy shall develop monitor compliance and data practices internally to ensure the organization and its functions comply with the applicable regulatory requirements. Of significant importance is the capability to drive organizational change for this vital function for a global organization across 24 jurisdictions.

The Director of Global Data Privacy will be the champion of data protection and be responsible for staff training and for developing and rolling out a privacy governance framework. The role will also serve as the primary contact for supervisory authorities and individuals whose data is processed by BorgWarner.

The Director of Global Data Privacy will play an important role in assisting the Chief Compliance Officer to develop and manage budgets, prioritize projects, and plan corporate or regional data privacy strategies and on cybersecurity matters. The Director of Global Data Privacy will also evaluate, draft, and execute policies and procedures that comply with data privacy and security regulatory and legal requirements and assist the Chief Compliance Officer to create a departmental culture that champions each business unit effectively.

The Director of Global Data Privacy will also advise on legal and regulatory obligations related to cybersecurity incidents and personal data breaches. The role partners closely with IT Security to assess notification obligations, regulatory risk, and remediation strategies and supports the development and maintenance of incident response, escalation, and documentation processes Monitor evolving cybersecurity and data security regulatory requirements impacting global operations

The successful candidate will have broad legal experience and be business savvy – i.e. someone who can put legal advice and analysis in the context of real-world challenges and assist BorgWarner personnel in finding prompt and practical solutions to the problems and issues presented.

KEY ACCOUNTABILITIES

• Serve in a leadership role for global and local privacy and data protection compliance and provide advice on various related aspects of the law.

• Partner with senior management, security personnel and the Chief Privacy Officer to establish governance for the enterprise-wide data privacy program and align security and privacy compliance programs and practices.

• Develop and implement a global privacy governance framework in the Americas, APAC, and EU to manage data use in compliance with the EU/UK GDPR, CCPA, PIPL and other regulatory frameworks, including developing templates for data collection, assisting with data mapping, and vendor management reviews.

• Work with key internal stakeholders in the review of projects and related data to ensure compliance with local data protection laws, and where necessary, advise on privacy impact assessments.

• Lead the Global Privacy Office and manage the team.

• Execute a privacy governance framework and training across BorgWarner, gaining buy-in from senior leaders and in the field and coordination with nominated privacy representatives in each country program.

• Serve as the primary point of contact and liaison for Supervisory Authorities on all data protection related matters under the GDPR, US and jurisdictions requiring enterprise, expert attention.

• Serving as the point of contact for data protection queries.

• Reviewing vendor contracts and advising procurement staff on data protection risks and obligations

• Monitoring and prioritizing changes to local privacy laws.

• Setting standards and reviewing policies and procedures globally that meet the requirements under the GDPR and any localization requirements in countries of operation

• Collaborate with IT on cybersecurity incidents, including identifying government reporting obligations, personal data implications, and other regulatory requirements.

• Support IT in artificial intelligence governance and regulations as needed.

• Liaise with the information systems department to establish appropriate processes to track, investigate and report inappropriate access and disclosure of protected enterprise or employee data.

• Perform or oversee initial and periodic information privacy risk assessments and analyses, and develop and implement processes to mitigate and/or remediate any issues identified.

• In coordination with other functions, develop and implement data privacy compliance policies and requirements, and monitor employee compliance, as well as commercial compliance (including relevant internal and external contracts) with such policies and requirements.

• Take a lead role to ensure the enterprise maintains appropriate privacy and confidentiality consents, authorization forms and information notices and materials reflecting current legal practices, and requirements.

• Provide support to business on commercial and employment matters, including by negotiating, drafting and reviewing various types of complex contracts and agreements, including customer and vendor supply and purchase agreements, employment contracts and settlement agreements.

• Supervise outside counsel on complex legal situations, with a focus on ensuring cost-control and the provision of commercially sensitive legal guidance.

• Anticipate legal and regulatory risks facing the Company and provide balanced advice that proactively mitigates such risks while also enabling the business to achieve its key global and regional strategic objectives in a compliant manner.

• Where necessary, travel to provide support and training to clients and colleagues.

• Cultivate and maintain channels of communication with key legal and business affairs personnel.

• Other duties as assigned and in accordance with prior experience.

QUALIFICATIONS

• 10 or more years of post-qualification experience in a corporate law department and/or in a leading private law firm.

• Completion of a legal degree from a top-tier law school.

• License to practice law in a jurisdiction within the European Union and strong knowledge of European legislation and policy. 

• Strong knowledge of global privacy, GDPR and other data privacy laws and willingness to continuously improve in this field.

• Strong knowledge of commercial law and willingness to continuously improve in this field.

• Fluency and ability to conduct business in the English language. Fluency in other European languages, especially German, would be a strong advantage.

• Demonstrated application of business judgment and a global perspective in solving complex legal problems with prompt and concise guidance and a range of alternative solutions.

• Desire to learn, coupled with a curiosity for uncovering innovative solutions to issues.

• Readiness to work hard and take on responsibilities.

• Self-starter who is capable of independent function with minimal oversight yet works well in a team atmosphere.

• Excellent organizational and client-service skills, with the ability to multi-task and prioritize efforts to simultaneously meet multiple project deadlines and expectations.

• Strong interpersonal and communication capabilities.

• High level of ethics, values and personal integrity.

• Prior experience with an industrial manufacturer (preferred)

• Demonstrated experience operating in global, matrixed, or decentralized organizations (preferred)

• Cybersecurity and AI experience (preferred)

KEY COMPENTENCIES

• Priority setting

• Ethics and values

• Self-learner

• Action oriented

• Ability to function with limited supervision

• Dealing with ambiguity

• Timely decision making

• Organizational agility

• Listening

• Self-knowledge

• Functional/Technical

• Ability to work with and appreciation of different cultures

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