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Category Archives: Cybersecurity

Posted in Cybersecurity, Data Protection & Privacy, intellectual property Andrew McGinty

China’s first Data Protection Measures lifting its veils

On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation.

These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces … Continue Reading

Posted in Cybersecurity, Internet, Policy & Regulation David Taylor

Analyzing the impact of the EU GDPR on access to WHOIS data, one year on

During the Annual INTA 2019 Meeting, a panel was held on the EU General Data Privacy Regulation (GDPR) and the temporary removal of data for the WHOIS directory. IPMT Partner David Taylor spoke on the following GDPR issues and their impact on global brand protection.

When the GDPR came into force back in 2018, the Internet Corporation for Assigned … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Internet

Privacy and Cybersecurity June 2019 Events

Please join us for our June events.

June 4
Privacy Breakfast
Paul Otto and Tim Tobin are presenting at the Hogan Lovells Munich office’s privacy breakfast, “EU General Data Protection Regulation,” on privacy topics such as the California Consumer Privacy Act (CCPA), cybersecurity and data breaches, and sector-specific issues found in the life sciences and health care, automotive, and financial … Continue Reading

Posted in Cybersecurity

Hogan Lovells Privacy and Cybersecurity Practice Ranked as a Top-Tier Practice by Chambers USA for 8th Consecutive Year

Chambers USA recently released its 2019 rankings and we are pleased to announce that Hogan Lovells’ Privacy and Cybersecurity (PaC) practice once again received Band 1 recognition by Chambers USA. Chambers noted that PaC “[r]emains one of the country’s preeminent privacy and data security practices. A highly talented roster of attorneys advising clients on major data breaches and complex policy … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, International/EU privacy, Policy & Regulation, privacy and security litigation

Asia Pacific Data Protection and Cybersecurity Regulation: 2018 in Review and Looking Ahead to 2019

What is in store for data protection and cyber security regulation in Asia Pacific (APAC) in 2019?

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

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation, privacy and security litigation, Technology

Privacy and Cybersecurity April 2019 Events

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

Posted in Cybersecurity, Policy & Regulation Trey HanburySarah K. Leggin

One IoTa of Consensus: Bipartisan Legislation to Improve Cybersecurity for Internet-Connected Devices Introduced

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

Posted in Consumer Privacy, Cybersecurity, Data Protection & Privacy, Employment privacy, Financial privacy, Heath privacy/HIPAA, International/EU privacy, Policy & Regulation, privacy and security litigation Joke Bodewits

Dutch Data Protection Authority Sets GDPR Fines Structure

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

Posted in Cybersecurity, Data Protection & Privacy, International/EU privacy, Policy & Regulation, privacy and security litigation Joke Bodewits

Dutch Data Protection Authority States Cookie Walls Violate GDPR

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

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation, privacy and security litigation, Technology

A global approach to IoT cybersecurity?

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

Posted in Consumer Privacy, Cybersecurity, Data Protection & Privacy, Employment privacy, Financial privacy, Heath privacy/HIPAA, International/EU privacy, Policy & Regulation, privacy and security litigation Dr. Christian TinnefeldDr. Henrik Hanßen

GDPR Enforcement Update: Increasing Fines Expected from German DPAs | HL Chronicle of Data Protection

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

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 PearsonEdith Ramirez

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