Nothing challenges the effectiveness of data protection law like technological innovation. You think you have cracked a technology neutral framework and then along comes the next evolutionary step in the chain to rock the boat. It happened with the cloud. It happened with social media, with mobile, with online behavioural targeting and with the Internet of Things. And from the combination of all of that, artificial intelligence is emerging as the new testing ground. 21st century artificial intelligence relies on machine learning, and machine learning relies on…? You guessed it: Data. Artificial intelligence is essentially about problem solving and for that we need data, as much data as possible. Against this background, data privacy and cybersecurity legal frameworks around the world are attempting to shape the use of that data in a way that achieves the best of all worlds: progress and protection for individuals. Is that realistically achievable?
Please join us for our November 2017 Privacy and Cybersecurity Events.
Hogan Lovells announced today that Edith Ramirez, the former Chairwoman of the US Federal Trade Commission, has joined the firm as a partner and will play an active role in Hogan Lovells’ Privacy and Cybersecurity practice. She will also co-head the firm’s Antitrust, Competition and Economic Regulation practice.
The International Institute for Conflict Prevention and Resolution, a New York-based organisation offering Alternative Dispute Resolution services, has recently announced the launch of a new specialised panel of neutrals, commissioned to deal with cybersecurity disputes. The Cyber Panel is composed of experts in cyber-related areas such as data breaches and subsequent insurance claims. In a press release, Noah Hanft, President of CPR, described the new panel as guiding the “critical effort” by businesses to “prevent and/or resolve cyber-related disputes in a manner that best protects operations, customers and reputation” due to attacks now occurring with increased frequency and sophistication.
How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This question has taken on new urgency as low-cost Internet-connected devices are increasingly being co-opted into massive networks, known as “botnets,” that are capable of causing widespread disruption.
Earlier this year, the National Association of Corporate Directors released an updated version of its Director’s Handbook on Cyber-Risk Oversight. The NACD’s issuance of an update to its Handbook in just three years signals that cybersecurity-related governance expectations of companies and directors are evolving. While the use of and compliance with the Handbook is not mandatory, the Handbook is influential in shaping governance practices and thus it is prudent for those involved in corporate governance to familiarize themselves with the changes.
Malware was recently identified that appears to have been designed and deployed by a nation-state to target and shut down electric grids. According to published reports, this malware currently appears to be capable of attacking the European grids, and parts of the Middle East and Asia grids, by targeting the specific industrial control system network protocols used to operate those grids. With small modifications, the malware reportedly also appears to be capable of attacking the North American power grid, as well as other industries that use ICS networks (e.g., oil, gas, water, data) around the globe. This post discusses the malware as well as vulnerability management.
The Federal Financial Institutions Examination Council recently released an updated version of its Cybersecurity Assessment Tool, which, according to FFIEC, is designed to help the financial institutions voluntarily using the tool to “identify their cyber risks and determine their cybersecurity preparedness.” We explore the changes to the CAT in this post.
Please join us for our June 2017 Privacy and Cybersecurity Events.
Join us for a discussion of hot topics in Federal Trade Commission (FTC) and state consumer protection enforcement. Partners Bret Cohen, Meghan Rissmiller, and Steven Steinborn will cover recent developments and enforcement trends in data privacy/security, advertising/endorsements, and claim substantiation in practice before the FTC and state authorities.
The Hong Kong Securities and Futures Commission has issued a paper containing proposals to introduce cyber security guidelines under the Securities and Futures Ordinance applicable to internet brokers. Comments are open through 7 July 2017.
“Connected” products—not just traditional IT products—are increasingly subject to cyber attacks globally. The question companies are (and should be) asking is no longer whether there will be an attack involving Internet of Things devices and infrastructure, but when. Join us on May 24 for the third installment of our 2017 IoT webinar series and get practical guidance from our international team of cybersecurity lawyers, who will present key elements of Hogan Lovells’ well-received client workshop on this rapidly evolving topic.
On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cyber security breaches and how they affected UK companies in the last year. The report indicates that a number of UK companies have not implemented comprehensive cybersecurity policies or implemented strong safeguards to protect against cyber attacks. The General Data Protection Regulation — in particular the requirement to ensure all personal data is protected by appropriate technical and organisational measures — provides a real opportunity for any organisation to build a new cyber security strategy. Documenting the decisions taken on these measures will be useful for showing compliance with the new requirements for data protection by design and by default.
On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures. Public comments are open through 11 May 2017.
Please join us for our March 2017 Privacy and Cybersecurity Events.
With cybersecurity issues evolving rapidly, every minute counts. Our new video series, Your Cyber Minute, is specifically designed for busy in-house counsel to gain practical perspectives – fast. This multi-part series is an extension of our Ready, Set, Respond resource portal and highlights today’s hottest topics in cybersecurity. Tune in to watch the first two installments and get the latest in what you need to know and how to better be prepared.
On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from 1 June 2017.
To coincide with the London Conference on Cyberspace, the UK Government published its first UK Cyber Security Strategy paper in November 2011. Five years later in November 2016, the National Cyber Security Strategy 2016 was published listing three key objectives: defend, detect, develop.
The Internet of Things continues to draw broad interest from policymakers and regulators around the globe. Following on the heels of a major distributed denial-of-service attack in October 2016 that leveraged potentially millions of compromised IoT devices, members of Congress have sent letters to US federal agencies regarding the risks posed by insecure IoT devices and held a hearing about what if anything should be the US federal response to such IoT-driven cyberattacks. Against that backdrop, in November 2016 two US federal agencies have issued guidance on securing IoT.
In September, we proudly launched our online client cybersecurity resource portal: Ready, Set, Respond. The portal was designed by our cross-practice team of global practitioners to provide in-house counsel with the tools they need to not only prepare for the inevitable cybersecurity incident, but quickly and easily stay up to date on the evolving state of cybersecurity regulation around the world. Today, we’re taking a closer look at the Asia region with our partner Mark Parsons. Visit Ready, Set, Respond for more information or to take advantage of the tools and data available there.
500 German companies will be asked in the coming weeks by 10 German data protection authorities to complete an extensive and detailed questionnaire about their transfers of personal data to third countries. Companies must indicate how they ensure an adequate level of data protection for such data transfers. The questionnaire also covers the use of cloud services provided by U.S. entities. The enquiry and the questionnaire (but not the list of targeted companies) were published by the German DPAs on 3 November 2016.
Representatives from government and the private sector discussed the present state of healthcare cybersecurity, and experts discussed practical strategies for implementing the HIPAA Security Rule at the ninth annual “Safeguarding Health Information: Building Assurance through HIPAA Security” conference held from October 19–20, 2016 and co-hosted by the National Institute of Standards and Technology and the Department of Health and Human Services, Office for Civil Rights. Comprehensive, enterprise-wide risk analysis and risk management practices remained points of emphasis throughout the conference. Additional themes, which we outline in this post, also emerged.
Please join us for our November 2016 Privacy and Cybersecurity Events.
We are proud to announce that the Hogan Lovells Chronicle of Data Protection blog has been nominated in The Expert Institute’s 2016 Best Legal Blog Contest for the award of Best AmLaw Blog of 2016. Our editors at The Chronicle strive to provide you with the most relevant and timely legal news, practical legal analysis, and business insights relating to privacy and cybersecurity. We appreciate the recognition for this work and your continued readership.