2018 was a momentous year for data protection and cyber security regulation globally – the implementation of the European Union’s General Data Protection Regulation (GDPR) was, of course, the main event. The shockwaves of GDPR hit APAC with full force, coupled with the … Continue Reading
Please join us for our April events.
April 2 Trust in data, no longer a luxury?
Nicola Fulford and James Denvil will speak at the workshop,” Trust in data, no longer a luxury – Privacy, security, and consumer trust for 21st century,” at the Luxury Law London Summit. They will discuss some of the challenges of succeeding in a data-driven … Continue Reading
Members of Congress recently introduced a bipartisan proposal to enhance cybersecurity for the network of Internet-connected devices, commonly known as the Internet of things (IoT).
Senators Mark Warner (D-VA) and Cory Gardner (R-CO) and Representatives Robin Kelly (D-IL) and Will Hurd (R-TX) introduced the IoT Cybersecurity Improvement Act of 2019 and hope to establish baseline cybersecurity standards for IoT devices. … Continue Reading
On 14 March 2019, the Dutch data protection authority (Autoriteit Persoonsgegevens, DPA) announced (in Dutch) its fining structure for violations of the European General Data Protection Regulation (GDPR) and the Dutch law implementing the GDPR (Implementation Act).
The GDPR sets two levels of administrative fines that may apply depending on which GDPR provisions have been infringed: The higher of €10 … Continue Reading
On 7 March 2019, the Dutch Data Protection Authority published guidance (in Dutch) that it considers “cookie walls” to violate the GDPR. A cookie wall is a pop-up on a website that blocks a user from access to the website until he or she consents to the placing of tracking cookies or similar technologies.
Under current Dutch cookie law, functional … Continue Reading
The European Telecommunications Standards Institute (ETSI) has published a new standard for cybersecurity in relation to consumer IoT products. The standard builds on the UK’s Code of Practice for Consumer IoT Security, published in October last year. The Code of Practice was developed by the UK Government following publication of a draft code as part of the Secure by … Continue Reading
Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. Now that the dust of the immediate GDPR compliance rush is settling, the first details of fines imposed under the GDPR and the number of cases pending with Data Protection Authorities (DPAs) in Europe are being made … Continue Reading
2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia.
We’re here to help you keep abreast of these changes and understand how they impact you. … Continue Reading
Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions.
Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura.
The report … Continue Reading
Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in … Continue Reading
Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind.
How real is the risk of class actions in data privacy?
Michelle Kisloff, U.S.: Class actions have long been … Continue Reading
On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts is an encouraging step for … Continue Reading
In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019.
This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, … Continue Reading
This is the third installment in Hogan Lovells’ series on the California Consumer Privacy Act.
What personal information do you have about California consumers and households?
The California Consumer Privacy Act of 2018 (“CCPA”) provides a series of new compliance obligations and operational challenges for companies doing business in California. A vital first step for any company subject to the … Continue Reading
This is the second installment in Hogan Lovells’ series on the California Consumer Privacy Act.
Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. Legislative history can speak volumes about those word choices, and the unique legislative history of the California Consumer … Continue Reading
We have heard the California Consumer Privacy Act of 2018 (CCPA) called all these things and more since its enactment on June 28, 2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy.
We will explore the ramifications for businesses of this seminal legislation … Continue Reading
In this interview, Hogan Lovells Partner Valerie Kenyon and Senior Associate Anthea Davies — members of our Global Product Law team — discuss some of the exciting opportunities and challenges presented by the Internet of Things (IoT) and the connected home. Manufacturers of smart thermostats and fish tanks, connected baby products, intelligent kitchen appliances, and speakers that connect to voice-controlled … Continue Reading
The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit.
As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK. So what does the Government have to say about sector?
The White Paper’s distinguishes … Continue Reading
This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region.
Cybersecurity in China remains a hot topic. The Cyber Security Law is already in place but the … Continue Reading
The U.S. Environmental Protection Agency was created in 1970 to safeguard the environment against pollutants. The tidal wave of environmental regulations that followed impacted every industry in the United States, especially the automotive market. Decades later, organizations have internalized these regulations into their culture.
Today, the European Union’s General Data Protection Regulation (GDPR) is driving a regulatory wave of similar … Continue Reading
On February 21, the Securities and Exchange Commission (SEC) published interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents. The Commission’s release follows shorter cybersecurity “disclosure guidance” issued in 2011 by the staff of the SEC’s Division of Corporation Finance. The new guidance was prompted by the agency’s concern over the increase in the risks … Continue Reading
2018 will be another dramatic year for TMT. Our job is to help TMT businesses to chart a course through by bringing together the insights of over 800 lawyers who focus on the sector across six continents. That is why we have asked some of our top thinkers globally to provide a snapshot of their vision for the coming year. … Continue Reading
Last month we hosted our annual ‘Intellectual Values’ seminar in London which this year focused on the ‘connected world’. Sarah Turner, an IP partner in our Tech Hub, gave a talk on the steps companies can take to improve their cybersecurity. The potential damage resulting from a cybersecurity attack is ever increasing as the world becomes more and more … Continue Reading