In this episode, Cynthia Cole, IP & Technology Partner based in Palo Alto, is joined byJerome Tomas, Chair of the Firm's Securities and Exchange (SEC) and Financial Institutions Enforcement Group based in Chicago, as the two discuss the SEC's recently issued Final Rules for Cyber and what this means for public companies. Listen in to learn more about: • Why should you care? The SEC has brought enforcement actions before based on data breach disclosure-what’s different now? • Will this bring on a flood of disclosure about security incidents? • What is the “materiality” standard and how does it apply here? • Do the final rules actually do away with the aggregation of incidents principle as outlined in the proposed rules? • How the SEC will be checking your defined terms in your incident response plans-make sure your terms are consistent across all incidents and across all functions Read our key takeaways blog post on the Final Rules here for more information. Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com
In the first episode of this three part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie, is joined by Elizabeth Denham CBE, International Consultant, Data and Tech at Baker McKenzie and former Information Commissioner for the UK (2016-2021). The two discuss the current landscape as it relates to international data transfers, the impact of geopolitical factors at play and how this affects multinational businesses, regulators and citizens when it comes to the important issues of privacy and data protection. With over 20 sets of contractual clauses across more than 70 countries in existence today, listen in to hear more about: Recent significant developments and what to look out for this year Whether or not the proliferation of global transfer restrictions and mechanisms is sustainable Possible solutions for the short, medium and longer term. Want to Learn More? Stay tuned for part two of this podcast series, which will focus on Children's Issues. For more podcasts, subscribe to the Connect On Tech Blog at www.connectontech.com.
In the second of this two part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie is joined by Cyrus Vance Jr., Global Chair of Cybersecurity, as the two continue their discussion on cybercrime, focusing on the National Cybersecurity Strategy recently released by the White House, which seeks to address cyber risk and resiliency in America. Listen in to hear their views about: • The National Cybersecurity Strategy framework, highlighting key takeaways of the five pillars: • i) defend critical infrastructure; ii) disrupt and dismantle threat actors; iii) shape market forces to drive security and resilience; iv) invest in a resilient future; and v) forge international partnerships to pursue shared goals; and • The role of the federal government to help stabilize insurance markets against catastrophic cyber events and foster business continuity as organizations navigate the global challenges of cybercrime
In the first of this two-part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie is joined by Cyrus Vance Jr., Global Chair of Cybersecurity, as the two discuss the alarming increase in cybercrimes, looking broadly at the trends, public safety risks and legal implications for the business community, particularly as it pertains to boards and senior management navigating the current threat landscape. Listen to learn more about: • Why it is difficult to combat cybercrime and hold criminals accountable • The importance of multijurisdictional cooperation and public-private partnerships in fighting cybercrime • How geopolitical challenges and tensions will impact the outlook of cybercrime • What global companies and boards should understand about threat actors as cybercrimes become increasingly sophisticated in today's environment Stay tuned on Connect on Tech for part two of this podcast, which will focus on the National Cybersecurity Strategy.
In this episode, Brian Hengesbaugh, Global Chair of Privacy & Security, is joined by Ben Slinn, senior associatein London, as they discuss data privacy predictions across the globe for the year ahead. Listen in to hear about: • The data protection regime in the UK post Brexit and what lies ahead • Trends and issues that we are seeing from an EU perspective • Key developments and significant changes on the horizon outside of the EU For a more in-depth summary, view our blog post on 2023 trends and predictions on www.connectontech.com
In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Anne Petterd, privacy and cybersecurity partner based in Sydney, as they discuss privacy in the metaverse, highlighting key concerns at the intersection of these two complex and cutting-edge issues. The two explore universal topics of trust, transparency and how they relate to personal data protection in the digital environment. Listen in to hear more about: What is the metaverse? Who controls it? What are the types of immersive applications and business uses? Big ticket privacy issues for businesses who are entering or wish to establish a metaverse presence The range of laws and implications including online safety, bystander privacy and online surveillance
In this episode, Brian Hengesbaugh, Chair of Global Privacy and Security, is joined by Rachel Ehlers, Privacy and Cybersecurity partner based in Texas, as they discuss the heightened focus on biometrics and key data privacy issues surrounding this prevalent technology. Listen in to hear about: overview of the key laws that govern biometric data enforcement and litigation trends in this space considerations for in-house attorneys with regard to biometrics in the context of their privacy and security programs
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 facing companiesamidst the current economic landscape. Listen in to hear about: • How market trends (inflation, a high dollar and recent layoffs) are impacting M&A activity • Various approaches (from the buy-side and sell-side) to evaluate risk and privacy program maturity • Tips to manage risk in the deal with respect to timing and the merger agreement itself • Outlook for companies who want to take advantage of current opportunities
In this episode, Manh Hung Tran, head of the Intellectual Property and Technology Practice Group in Vietnam, is joined by Dominic Edmondson, Special Counsel in our IP Tech group based in Hong Kong, as they discuss the latest developments in the data privacy landscape in Asia. Listen in to learn about the wave of new privacy laws across the region and the new sets of requirements that they entail, as well as: • How GDPR has influenced legislation in the region, including in key jurisdictions such as Vietnam, Thailand, China and Japan • Practical considerations for companies to ensure compliant activities in light of the recent changes in privacy law requirements • Key data privacy trends and developments in the region to expect in 2022 and beyond
Speakers: Paul Glass, Teresa Michaud, Stephen Reynolds In this episode, Paul Glass, head of cybersecurity based in the UK, is joined by Teresa Michaud, co-chair of the North America Class Action subgroup and Stephen Reynolds, partner in Chicago, as they discuss consumer class actions in relation to data breaches and security incidents. Listen in to hear about: overriding themes that have characterized the last year of US class action litigation cybersecurity and data privacy trends and significant developments in the class action space, including post-Ramirez standing challenges and the effect of new state legislation predictions and best practices for preparing for class action litigations
In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Stephen Reynolds, partner in Chicago, as they discuss the Strengthening American Cybersecurity Act, a law recently signed by President Biden, which requires key businesses to report certain ransomware incidents to the Cybersecurity and Infrastructure Security Agency (CISA). Listen in to hear about: • An overview of the new law, including key elements such as mandatory reporting requirements, timelines and which "critical infrastructure" sectors are affected by the legislation • How the scope and ambiguity of the new law impacts organizations and complicates the response process effort • What to expect in terms of engaging with CISA and how to preserve privilege applying to such communications • How to manage and coordinate the new reporting mandates with existing incident reporting obligations • Suggested action items to help companies address top-of-mind concerns and challenges they encounter as ransomware continues to be a prevalent threat
In this episode, Harry Valetk is joined by partners Francesca Gaudino, based in Milan, and Michaela Nebel, based in Frankfurt, as they discuss privacy notice obligations. Listen in to hear about whether or not data privacy notifications are still relevant and other key considerations that may be overlooked including: How often companies and data protection officers should review their notices Employee vs. customer privacy notices Online vs. offline privacy notices Language requirements and more
In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Cy Vance, Global Chair of Cybersecurity based in New York, as they discuss the current cybersecurity threat landscape from a government, enforcement and litigation perspective. Listen in to hear about: • Cy's background as the former Manhattan District Attorney for 12 years, including his experience focusing on cybersecurity issues and building the District Attorney Office's capability to address emerging threats to critical infrastructure • Key steps to prepare for and protect against cyber-attacks in this current threat environment • Ransomware payments and what factors organizations may want to consider from both public policy and practical perspectives in deciding whether to pay a ransomware actor
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Stephen Reynolds, data privacy and security partner in our Chicago office, to highlight developing trends surrounding the Log4j security vulnerability. In this episode, you will learn about: Log4j: what it is and why it's important What organizations should be doing to prepare for and prevent a security event Legal risks and potential issues associated with this vulnerability
In this episode of Connect On Tech, your host Adam Aft, Co-Head of Baker McKenzie's Global Technology Transactions group is joined by Alexandra Coti, senior associate in our Paris office, to discuss The Data Business Booster, Baker McKenzie's innovative new legal assessment tool. In this episode, you will learn about: How the tool helps organizations understand the current state of their data management and protection when using and sharing data What led to the development of the tool, how it works and the feedback it provides How the tool's output helps companies facilitate conversations to ensure a balance of business purpose, risk management and maximizing benefits of data
In this Connect on Tech episode, Brian Hengesbaugh is joined by Ben Slinn to discuss the increased focus on and heightened protection around children's data in the UK. Ben, a leading privacy attorney in our London office, reviews the new UK Age Appropriate Designs Code, intended to address key areas affecting data of children under the age of 18 with respect to online services. The Code, which companies are required to comply with from September 2, 2021, includes 15 standards of age appropriate design relevant to online services likely to be used by children under the age of 18. Listen to hear more on the standards of the UK Age Appropriate Designs Code, and similar developments in jurisdictions such as Ireland, the Netherlands and France
Brian Hengesbaugh and Julia Wilson, a leading employment and privacy partner in our London office, join for this episode of Connect on Tech to discuss privacy in the work place and key issues employers are facing. In this podcast, Brian and Julia take a deep dive into four key areas employers must carefully navigate in the data and privacy realm - i) the processing of testing and vaccination data, ii) employee monitoring in various guises from clever technology that tracks activity, to lo-tech activities such as keeping secret files about employees, iii) ability to process diversity and inclusion data to better understand workplace equality issues, and iv) the use of AI in the employment context, particularly in recruitment. Brian and Julia reflect on how these topics require a holistic approach to employment and privacy considerations, in order to get the right balance and be compliant
Brian Hengesbaugh is joined by Michaela Nebel to discuss the enforcement of Schrems II, the decision of the Court of Justice of the European Union from last July 2020 where they invalidated the EU-US Privacy Shield with a focus on US government surveillance activities. This podcast looks squarely into enforcement activities in the aftermath of Schrems II in Germany, and provides insight into the “coordinated audits of international data transfers” announced by various German data protection authorities on June 1, 2021. Want to Learn More?Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com
In this episode of Connect on Tech, our host, Brian Hengesbaugh is joined by Francesca Gaudino, partner and head of Baker McKenzie’s Information Technology & Communications Group in Milan to discuss the EU Digital COVID Certificate that will facilitate safe free travel of citizens in the EU during the COVID-19 pandemic. On June 1, a month ahead of schedule, seven member states have decided to connect to the gateway and are issuing certificates, with more countries to join in the coming days and weeks. Join this episode to learn more about: the types of certificates being issued how the certificate will work features of the certificate data protection around personal information and certificate Want to learn more? Stay tuned for more podcasts and subscribe to our Connect on Tech blog at www.connectontech.com
Partners Peter Chan and Valerie Mirko join Brian Hengesbaugh to discuss the SEC and cybersecurity, leveraging their own experiences with the agency to give an overview of the past, present and future. Listen to learn about: the evolution of the SEC's focus on cybersecurity, particularly with regard to financial institutions An insider's take on what may trigger SEC investigation What's in store with the Biden administration and how companies should prepare