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As businesses become more data-centric, there is an emerging trend to seek smarter ways to use the massive volumes of data generated, Utilizing and sharing that data, however, comes with associated risks, for example a loss of control of confidential information or sensitive personal data, thereby limiting the potential of how such vast datasets can be used. But maybe not anymore! The production and use of synthetic data is poised to become one of the…

In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Cynthia Cole, IP, Data and Technology partner based in Palo Alto, as they discuss top-of-mind issues for global companies with respect to data and IP risk and reward in M&A. As a former CEO and General Counsel, Cynthia has extensive experience in a wide variety of complex technology and IP alliances and transactions, and offers her unique perspective on key issues…

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…

On Christmas Eve the UK and the EU concluded a Trade and Cooperation Agreement in principle.We’ve set out the key points from a data protection perspective below.The key take away is that transfers of personal data from the EEA to the UK can continue without safeguards for a period of up to six months from the end of the transition period while the European Commission considers whether to adopt an adequacy decision in respect of the…

The ICO has issued a statement confirming that organisations should immediately check to see whether they are potentially a victim of the cyber-attack carried out through the SolarWinds Orion IT management platform (see ICO statement). Initial technical research indicates that while the majority of potentially compromised users of Orion are based in the United States of America, there are significant numbers of users in the United Kingdom and EU. The versions of the software that…

NHSX, the technology and digital unit of the UK’s National Health Service (NHS), recently published its draft Digital Health Technology Standard. The Standard aims to accelerate how digital health technologies (DHTs) are reviewed, commissioned and scaled for use across the wider health and care system, and provides guidance to support digital health technology developers. The Standard is in draft form at the moment, and NHSX are seeking feedback via a short survey until 22 April (although…

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Adam Aft and Peter George, two partners in Baker McKenzie’s Chicago office. Together they will discuss the 2019 Cloud and Data Survey. Tune in to learn: Key trends identified through the surveyTips and strategies for managing multiple provider cloud implementationsBest practices for navigating data residency requirements https://open.spotify.com/episode/3yTXAmfHkVQp0Ju2ARTEP2

What does 2019 hold for businesses in the Technology, Media and Telecommunications sector and what legal and regulatory trends should be on their radar? A complex question in a world in which the boundaries between areas are blurring to an extent that car manufacturers are becoming tech companies, traditional content producers are launching their own direct-to-consumer streaming services, and telecommunications providers are moving into adjacent industries to make up for declines in traditional revenues. Everywhere,…

The Austrian Data Protection Authority, headed by the chair of the European Data Protection Board (EDPB), provided a clear way forward for advertising-based business models.Following a complaint against an Austrian newspaper, the Austrian Data Protection Authority (DPA) decided that the prohibition on making the provision of a service conditional on consent (“coupling prohibition”; Article 7(4) GDPR) can effectively be circumvented by additionally offering a consent-free equivalent service for a reasonable remuneration (case no. DSB-D122.931/0003-DSB/2018; the…