HL Chronicle of Data Protection : Privacy Lawyers & Attorneys : Hogan Lovells Law Firm : Data Security, E-Commerce & Technology

On October 13th, the SEC's Division of Corporation Finance issued a Disclosure Guidance that urges public companies to evaluate their cybersecurity risks and, if material, to disclose those risks to investors.

On October 31st, Hogan Lovells will present a complimentary webinar exploring the impact of the Disclosure Guidance featuring senior lawyers in the Hogan Lovells Capital Markets and Privacy and Information Management practices, as well as a managing director of Stroz Friedberg LLC, a technology firm assisting clients with digital risks.

For more information, and to register, click here.

Since all businesses using the Internet are, to some degree, vulnerable to intrusions, what does the new guidance actually mean for public companies?  That question and these will be addressed in the webinar:

• When does the risk of intrusion become material? 
• What are the triggers for reporting?  
• What assessments are required?  
• Does every company suffering a data security breach have to report it to the SEC?   
• What has to be reported?
• How can the reporting company make public disclosure of cybersecurity risks in a way that will not make the company a target for attacks?
• What is the best way for a company to wrap its arms around a cyberattack so it can make the appropriate disclosure?
• What steps should a company take to insure its disclosure is a fair, accurate, and timely description of the attack? 

Readers of the Hogan Lovells Chronicle of Data Protection are invited to attend.

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Two webinars, one afternoon.  On Thursday, February 24, Hogan Lovells Privacy and Information Management Practice Director Chris Wolf will participate in a BNA webinar (along with Senior Governmental Affairs Advisor Nancy Granese of Hogan Lovells and Jules Polonetsky of the Future of Privacy Forum) on privacy developments in Washington, and an Experian webinar on data security breach notification laws (along with Reed Freeman of Morrison & Foerster and Tony Hadley of Experian).  Both pay-to-view programs are open for sign-up now.

What to Expect from Washington in Privacy Law in 2011

Privacy is a non-partisan issue, and 2011 is being viewed as the year in which significant changes may emerge. Media attention has focused on online collection and use of consumer data for marketing purposes, and government access to personal data stored in the “cloud”. Meanwhile, proposals for change in the US privacy framework have emerged from the Federal Trade Commission, Department of Commerce, and the U.S. Congress. Additionally, proposals for privacy law reform have been proposed in the European Union.

This BNA webinar will focus on Washington’s influence on privacy law reform, and provide the insiders' view of what changes are likely coming in 2011.

Program Highlights:

• Learn what the realistic prospects are for new privacy laws and regulations.

• Which privacy best practices may emerge from the recent proposals for reform?

• What will the FTC and the Department of Commerce do in the privacy and data security realm?

• Hear an evaluation of the role of self-regulation.

• Who are the players in Washington who can affect privacy policy changes

You may register here.

State Legislation Past and Present:  The Effects of Data Breach Notification and Resolution

In 2010, security breach-related legislation was revised or newly enacted in five states and introduced in at least 18 additional states. Join us for a discourse on the effects and new developments state laws have imposed on data breach notification and resolution. 

Learn how companies that have experienced breaches have fared given the new laws and what lessons have been learned. Our panel of privacy experts will address specific examples of how data breaches occur and what steps their clients have taken to mitigate the risk of a breach in the first 72 hours. They will investigate how these laws have been applied in real-life scenarios and the implications for:

• Data breaches resulting from third party vendors
   
• Data leakage and referring headers
   
• How breach laws affect medical laws already in place
   
• Cyber risk insurance and what it means to compliance

You may register here.

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International Association of Privacy Professionals (IAPP) Web Conference

The FTC Privacy Report – A First Look into New Frameworks for Businesses and Policymakers

Date: December 14, 2010
Event start time: 1:00 pm (GMT-05:00) Eastern Time (US & Canada)
Via IAPP Web Conference Service (Registration required)

The FTC has just issued a preliminary report asking for comments on new controls and standards for the online protection of individuals’ privacy. The report details an expansion in scope and breadth of what may constitute consumer data and asks for feedback on sweeping new standards. Join a Web conference examining this important new development in the evolution of consumer privacy. 

Presenters and Hosts:

Robert Belair, Partner, Arnall Golden Gregory LLP

Christopher Wolf, Partner, Hogan Lovells  US LLP

Panelists:

Edward W. Felten, Chief Technologist, Office of the Chairman, FTC, (effective Jan. 1)

Peder Magee, Senior Staff Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, FTC

To register, click here

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With the new "school year" comes a plethora of privacy events featuring Hogan Lovells attorneys:

On September 9th, the International Association of Privacy Professionals will present this Web Conference on "The Evolution of FTC Privacy Enforcement Actions—What More Granular Enforcement Means for Respondents and Businesses" featuring Hogan Lovells attorneys Chris Wolf and Tim Tobin and FTC Attorney Kandi Parsons.

It is a given that there can be no privacy without data security.  Chief Security Officer magazine is presenting the Security Standard conference on September 13 and 14 at the Marriott Brooklyn Bridge in New York City to explore  the complexities of modern security strategies, addressing identity management, cloud security, data protection, risk management and privacy.  For registration information, click here

Hogan Lovells' Chris Wolf will be presenting the following session on September 13:

Negotiating with Your Cloud Provider:  Standard service agreements don’t go far enough in protecting your data and your organization in the event of security incidents or outages at cloud providers. In this session, learn how to negotiate the right terms and penalties to get the protection you need from your cloud provider, from identity management to business continuity, incident response plans and more.

On September 14th, Pike & Fischer (a BNA company) will present this Web Conference entitled "Legal Landmines in Europe for Internet-Based Businesses" and featuring Hogan Lovells attorneys from our Paris Office David Taylor, Winston Maxwell, and Chris Wolf from Washington, DC, as well as Google's Global Privacy Counsel Peter Fleischer.

On September 21st, Hogan Lovells will present a complimentary webinar on NAFTA Privacy featuring top governmental privacy officials from Canada, US, and Mexico, as well as the Chief Privacy Leader of General Electric, and moderated by Hogan Lovells' Chris Wolf.   More information can be found here  To register, please click here.

And later in September....

You are invited to join Hogan Lovells at the upcoming Online Trust Alliance 5^th Anniversary "Online Trust & Cybersecurity Forum" being hosted at Georgetown University, September 22 to 24.  Of particular interest on Wednesday the 22d are three pre-conference workshops focusing on(1) email regulatory compliance, (2)  email and domain authentication, and (3) malvertising.  More information on the agenda and registration information are posted here .

Thursday keynotes include the US Secretary of Commerce Gary Locke, Greg Link of CoveyLink, Howard Schmidt (White House Cybersecurity Coordinator) and Randall Rothenberg (IAB) as well as dozens of other business and industry leaders.  Friday Representative Cliff Stearns is speaking and kicking off a privacy roundtable following by sessions on data breach remediation, identity management and privacy policy makeovers.

At the September 24th session, Christopher Wolf of Hogan Lovells will participate in this panel:

Data Breach & ID Theft; Detection & Remediation *
Despite increased security prevention investments and employee training, incidents of data loss are increasing. Companies need to pro-actively plan for the worst case understanding the focus is not if an event will occur, but when. An effective plan includes an orchestrated play book to be deployed on moment’s notice. This session will examine steps businesses can take to protect consumers and their brands by reviewing elements of an effective plan including consumer education.  Session will also examine the role consumers have in the chain of trust and steps they can take to protect their identity.

• Chris Shenefelt, Executive Vice President, Global Operations, Intersections Inc.

• Anne Wallace, President, Identity Theft Assistance Corporation

• Christopher Wolf, Director, Privacy & Information Management Practice, Hogan Lovells

OTA has offered readers of the Hogan Lovells Blog the opportunity to register by August 31^st for only $399.50 for the two day program and save 50%.  Use discount code Hogan50  Register at https://otalliance.org/dc.html

AMP Summit is "an annual forum for influentials and thought leaders in the activist, media and political spheres."   Public officials and regulators, experts from think tanks, trade associations, and public relations, and members of the media will attend. This conference in Washingrton at the Marriott Metro Center "is intended to inspire new thinking, challenge traditional strategies, and create opportunities to learn from each other."   Detailed information can be found here .

Chris Wolf from Hogan Lovells will participate on a panel on Friday, September 24th from 3:50 to 5 PM entitled "Privacy in the Internet Age: Does DC Have a Role to Play?" with Lillie Coney of the Electronic Privacy Information Center and  Berin Szoka of the Progress and Freedom Foundation, moderated by Bruce Mehlman of Mehlman, Vogel, Catagnetti.

Also, as shown here, Quentin Archer from the Hogan Lovells London Office will be co-chairing the Sedona Conference International Programme on Cross-Border E-Discovery and Privacy on 15 and 16 September in Washington, DC.

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Readers of the Hogan Lovells Chronicle of Data Protection may be interested in this upcoming webinar featuring Hogan Lovells attorneys from Europe and the United States, as well as Google's European Privacy Counsel, Peter Fleischer.  This event is being produced by Pike & Fischer, a Bureau of National Affairs (BNA) Company.  Here is the Pike & Fischer/BNA announcement with link to registration information:

BNA Webinar
Legal Landmines in Europe for Internet-Based Businesses
June 30, 12:30 p.m. to 2:00 p.m. ET

So you think your business practices are EU-compliant? You could be blindsided by European laws and regulations that are foreign—in every sense of the word—to your accustomed way of doing business. The recent conviction of three Google executives by an Italian judge is one notable example. Don't be caught off guard. Join Pike & Fischer's panel of legal experts as they expose European laws (both enacted and proposed) that potentially render U.S.-based Internet businesses liable for intellectual property, privacy, e-commerce, speech, and other violations.

Peter Fleischer, Global Privacy Counsel, Google, and Winston Maxwell and David Taylor, both partners with Hogan Lovells in Paris, will cover a wide range of topics, including data retention obligations, collection of personal data, and liability for user-generated content. The session will be moderated by Christopher Wolf, Partner, Hogan Lovells in Washington, DC.  

For further information: http://www.pf.com/eventDetail.asp?id=105&type=1.
 

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  While the Hogan Lovells Chronicle of Data Protection primarily is designed for news and analysis of developments in the field of privacy and data protection, we want to take the opportunity of the recent combination of Hogan & Hartson with Lovells to inform our readers of the global breadth and depth of our practice. While each of the legacy firms was celebrated for its privacy and information management practices, the coming together of the lawyers from the two firms has created a practice group that is unparalleled in the world.  Hogan Lovells helps clients address privacy and data protection globally and in regard to specific national laws in countries around the world, through our 40 offices in the Americas, Europe, the Middle East and across Asia.

In the coming weeks, we will detail the privacy practices resident in various offices around the world.

Last week, selected partners from the global privacy and information management practice met in Geneva, Switzerland to discuss practice coordination and cooperation, and to focus on how we together can better serve our clients as a unified group.   (Regrettably, some of the partners scheduled to participate were grounded due to the Icelandic ash cloud including, notably, practice co-leader Marcy Wilder). Joining the discussion and pictured above are (from left to right)  Winston Maxwell (Paris), Quentin Archer (London), Steffan Schuppert (Munich), Gonzalo Gallego (Madrid), David Taylor (Paris), Marco Berliri (Rome), Wim Nauwelaerts (Brussels) and practice co-leader Christopher Wolf (Washington).

To provide an illustration of our global capabilities,  tomorrow (20 May 2010) the firm will host a webinar entitled “Hogan Lovells Trans-Atlantic Discussion on the Privacy Challenges Facing Multi-National Corporations”. This will be the first webinar by the Privacy and Information Management Group at Hogan Lovells, featuring privacy lawyers on both sides of the Atlantic from the former Hogan & Hartson and Lovells. Quentin Archer (London), Steffan Schuppert (Munich), Wim Nauwalaerts (Brussels), Lynda Marshall (Washington), Marcy Wilder (Washington) and Christopher Wolf (Washington) will explore contemporary privacy law challenges facing companies doing business in multiple jurisdictions around the world, such as:

• Cross-Border Transfers of Data Internationally
• Managing Employees in Multiple Jurisidctions
• Onine Marketing Issues Around the World
• Data Security and Data Breach Requirements
• The Obligations Concerning Health Data Around the World
• National Trends with International Ramifications

The panelists will explain how a coordinated international approach to privacy compliance is cost-

effective and is an optimal way to limit risk and protect privacy.

Readers of the Hogan Lovells Chronicle of Data Protection are cordially invited to attend our webinar.  Please register by clicking here.

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Lawyers from Hogan & Hartson offices in London, Paris, Brussels, Berlin and Washington recently presented a webinar in partnership with the Association of Corporate Counsel for Europe, entitled

Navigating the Privacy Challenges: Crossing the Line in Cross-Border Data Transfers

The program, now available in "on demand" format, provides an overview of the law governing international data transfers, as well as two case studies illustrating the practical issues involved in such data transfers.  The webinar concludes with a summary of "hot privacy topics" in  the US and Questions and Answers.  Complimentary attendance and access to the webinar, including the Powerpoint deck, is available by clicking here

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Readers of our blog are cordially invited to a complimentary Hogan & Hartson webinar on the legal issues arising from Cloud Computing on Tuesday, October 6 from 11 AM - 12:30 PM EDT.  To request an invitation to the webinar, please e-mail:  jbhowe@hhlaw.com

Cloud computing allows businesses to use the remote computing power of others to handle data and data applications. For most businesses, it is not a question of whether but how to use cloud computing. Cloud computing — a unique form of outsourcing — can reduce costs, improve service delivery, and allow business innovation not feasible with proprietary servers and on-site software.

So the question is how a company can use the new services in ways that protect the company and its data. As with any transfer of valuable company information, there are legal issues and legal risks that must be addressed.

In this webinar, you will learn and have an opportunity to ask questions about these issues and more:

• What exactly is cloud computing? What forms does it take?
• What steps should a company take to protect its intellectual property, including trade secrets and confidential information, in the cloud?
• Is data in the cloud safe from government view, and what can you do to protect it?
• How should you address the privacy law issues implicated by cloud computing, especially in light of the international legal rules on the cross-border transfer of data?
• What labor and employment law issues are implicated by sending data to the cloud?
• How does a company deal with e-discovery when using cloud computing?
• What data security safeguards should a company put in place before outing data in the cloud?
• Whose responsibility is it if there is a data breach and how are the requirements of data security breach notification laws met?
• What are the contracting issues with cloud computing and the best practices for getting a solid cloud computing contract?
• How do companies and cloud service providers handle service level issues?

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