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Data Privacy & Security

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Adding to an emerging trend of federal cases addressing privilege in the context of forensic reports, the DC District Court ruled last month that forensic reports created in response to a cybersecurity incident were not subject to attorney-client privilege nor attorney work product protection because the reports were created in the ordinary course of business. This decision has significant implications for organizations preparing to respond to cybersecurity incidents and continues a pattern of increased scrutiny…

Happy Data Protection Day! The 28 January each year is celebrated as Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2021, we have summarised some of the key trends and developments in the EU, UK and beyond from a data protection perspective and looking ahead to what to expect for 2021. You can jump to specific country…

Many bold decisions were taken by TMT players in 2020 to protect their workforces and to ensure that they continue to be able to deliver technology, connectivity and digital transformation across sectors. Significant trends are now expected to impact the TMT industry in 2021. In the 2021 edition of TMT Looking Ahead, our industry expert lawyers identify key global trends, provide helpful insights and offer practical tips for TMT businesses in the following areas: Digital Transformation…

A global conversation exploring the key issues re-shaping the workforce in light of heightened disruption, technological advancements and cultural shifts. Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We…

There have been a number of EU and UK developments affecting transfers of personal data. We summarise the key ones below and set out some practical steps to take in light of these developments. Any organisation which transfers personal data to or from the EU27 will need to work out what changes are required to address these new developments. We won’t have full clarity until the European Commission and EDPB finalise their current drafts but…

Harry Valetk, a partner in our New York office, joins Brian Hengesbaugh to discuss the global privacy issues surrounding COVID-19 vaccinations. Tune in to hear: the immediate privacy issues to consider in regards to the vaccinewhether a privacy impact assessment is warrantedthe privacy perspective on employers mandating vaccination. https://open.spotify.com/episode/3WevOBKvsQ8pIb9aZMz0F2?si=nyOjalKeS7qLmn0MWdg3Aw

The use of contemporary business communication and collaboration tools including chat and instant messaging applications has resulted in a potential recordkeeping compliance gap where there is a legal requirement to retain business records. While in the past many organizations carved out these newer and less conventional forms of electronic business communications from their formal records retention practices, this approach has become increasingly less viable. Regulators have been responding with additional requirements and guidance for instant…

In the privacy world, there is no rest for the weary. In California, while most companies were just getting their programs running to address the California Consumer Privacy Act (“CCPA”), including some last minute changes to address the final version of the regulations issued in late fall 2020, the California Privacy Rights Act (“CPRA”) was officially certified on December 16, 2020 following voter approval in another privacy referendum in the November 2020 elections. CPRA sharpens…

The NHS’s New Data Sharing Agreement NHSX has published a new Data Sharing Agreement (DSA) template. The template is a great tool for companies collaborating with NHS organisations to access and use data for R&D, and for companies which access and use data as part of their provision of services to the NHS. We’ve set out our top 5 takeaways below: What’s in a name? Data Sharing Agreement is a misnomer – this is not…