Header graphic for print
Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Cybersecurity

Posted in Copyright, Cybersecurity, Digital Single Market (EU) Burkhart Goebel

Global IP Outlook 2019 – Two steps forward and a look back

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

Posted in Cybersecurity, Data Protection & Privacy, Licensing, Policy & Regulation, Technology Winston MaxwellMark BrennanArpan Sura

Hogan Lovells publishes Demystifying the U.S. CLOUD Act

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

Posted in Cybersecurity, Data Protection & Privacy, Drones, Internet, Policy & Regulation, Technology Mark Parsons

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

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

Posted in Cybersecurity, Data Protection & Privacy Christine GateauMichelle KisloffAdam Cooke

Going global: Data class actions make their way to the EU

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

Posted in Cybersecurity, e-commerce Zhen FengSuyu Yuan

China: Three Cyberspace Courts now online and open for business

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

Posted in Cybersecurity Mark BrennanBret Cohen

NTIA Seeks Comment on New, Outcome-Based Privacy Approach

Yesterday, the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued a Request for Comments (RFC) on a new consumer privacy approach that is designed to focus on outcomes instead of prescriptive mandates. The RFC presents an important opportunity for organizations to provide legal and policy input to the administration, and comments are due October 26.The RFC notes … Continue Reading
Posted in Cybersecurity, Data Protection & Privacy, e-commerce Roy ZouAdrian EmchSherry GongAndrew McGintyEugene LowMark Parsons

A game changer? China enacts first e-commerce law

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

Posted in Cybersecurity, Data Protection & Privacy Mark BrennanW. James Denvil

California Consumer Privacy Act: the Challenge Ahead – Data Mapping and the CCPA

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

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Key Terms in the CCPA

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

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Introduction to Hogan Lovells’Blog Series

Groundbreaking. Watershed. Unprecedented.

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

Posted in Cybersecurity, Data Protection & Privacy, Technology

The connected home: From smart fish tanks to connected kitchen appliances, product companies must navigate GDPR and Product Liability Directive compliance, cyber risk, and other IoT challenges

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

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsPenny Thornton

The Brexit White Paper: A digital Brexit?

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

Posted in Cybersecurity, Internet, Policy & Regulation, Technology

TMT China Brief – Summer 2018

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

Posted in Cybersecurity, Data Protection & Privacy Timothy TobinWinston Maxwell

Straight Talks podcast: Data privacy and cybersecurity in the age of rolling smart devices

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

Posted in Cybersecurity, Data Protection & Privacy

SEC Issues New Interpretive Guidance on Cybersecurity Disclosures

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

Posted in Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), Drones, Internet, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsWinston MaxwellMichele Farquhar

TMT Horizons 2018

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

Posted in Cybersecurity, Data Protection & Privacy Sarah Turner

10 steps to better cybersecurity -‘Intellectual Values seminar series #1’ video

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

Posted in Cybersecurity, Data Protection & Privacy

Managing Workforce Cyber Risk in a Global Landscape: A Legal Review

Whether malicious or inadvertent, workforce actions cause or contribute to over half of cyber attacks experienced by organizations. Protecting against such “insider” cyber risks can be challenging, especially given the global web of privacy, communications secrecy, and employment laws that may be implicated by monitoring workforce use of IT resources.

Harriet Pearson and James Denvil, lawyers in the Hogan Lovells … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy

Former FTC Chairwoman Edith Ramirez Joins Hogan Lovells Privacy and Cybersecurity Practice

Hogan Lovells has announced that Edith Ramirez, the former Chairwoman of the US Federal Trade Commission (FTC), 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 (ACER) practice.

Ramirez will co-lead the global antitrust practice alongside Suyong … Continue Reading

Posted in Cybersecurity, Internet, Technology

The FTC and Industry Propose Best Practices for IoT Security Updates

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 … Continue Reading

Posted in Cybersecurity Harriet PearsonPaul Otto

National Association of Corporate Directors Updates Cyber-Risk Oversight Handbook

Earlier this year, the National Association of Corporate Directors (NACD) released an updated version of its Director’s Handbook on Cyber-Risk Oversight (Handbook). The updates add 16 pages of content to the previously 28-page document, including four additional appendices. While the use of and compliance with the Handbook is not mandatory, the Handbook is influential in shaping governance practices and thus … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Mark ParsonsAndrew McGintyJun WeiRoy Zou

China’s revised draft data localisation measures

On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“).

The draft emerged just over a week after public comments closed on the first draft of … Continue Reading