The Data Chronicles

CCPA draft regulations | Part 2: Cybersecurity audits

In our second installment of our two-part series, we discuss the proposed rules issued by the California Privacy Protection Agency (the CPPA) focusing on cybersecurity and the requirement to conduct cybersecurity assessments. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, is joined by Hogan Lovells associates Dan Ongaro and Alaa Salaheldin as they explore the implications these cybersecurity requirements will have on data professionals, businesses, as well as corporate boards.
Scott Loughlin: Contact
Dan Ongaro: Contact
Alaa Salaheldin: Contact

CCPA draft regulations | Part 1: Risk assessments

In September, the Board of the California Privacy Protection Agency (CPPA) announced the first public drafts of two forthcoming sets of regulations relating to the California Consumer Privacy Act and California Privacy Rights Act. These “discussion” drafts focus on new requirements related to cybersecurity audits, privacy risk assessments, AI, and automated decision-making. In this episode, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, is joined by Hogan Lovells senior associate Aaron Lariviere to explain the context for the draft regulations, to walk through key features of the privacy risk assessment regulations, and to explore the potential impacts these regulations will have for businesses.
Scott Loughlin: Contact
Aaron Lariviere: Contact

The role of Data Protection Officers from a European perspective

The role of a Data Protection Officer (DPO) has been well-known under data protection laws in Europe, currently under the EU GDPR, and prior to that, the EU Data Protection Directive. The role goes as far back as the 1970s, however, despite its established history, numerous questions continue to revolve around the responsibilities of a DPO. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, sits down with Hogan Lovells partner Christian Tinnefeld to discuss the ever-evolving role of a DPO and provide some practical tips for those serving in the function.

The False Claims Act & cybersecurity

In this episode of The Data Chronicles, we delve into the emerging realm of cyber risk and liability and its connection to the False Claims Act. Join us as Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, engages in a conversation with Hogan Lovells partner Mike Scheimer and counsel Stacy Hadeka. Together, they explore the implications when organizations holding government contracts face allegations of breaching their cybersecurity commitments. Discover why this is a vital concern, particularly for defense contractors, universities, and any entity providing products and services to the United States Government receiving CUI or subject to unique cybersecurity requirements such as CMMC.
 
Scott Loughlin: Contact
Mike Scheimer: Contact
Stacy Hadeka: Contact

Meeting the mark | FCC proposes cybersecurity labeling program for IoT devices

The Federal Communications Commission (FCC) has proposed a voluntary cybersecurity labeling program to address unique cybersecurity concerns associated with the growing number of Internet of Things (IoT) devices. Against the backdrop of the FCC’s Notice of Proposed Rulemaking (NPRM), Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, discusses with Hogan Lovells partners Ari Fitzgerald and Katy Milner the scope of the FCC’s proposed program (covering everything from mobile phones and computers to Internet-connected refrigerators, cars, and speakers) and how manufacturers of these devices should be thinking about the new requirements.
 
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Ari Fitzgerald: Contact
Katy Milner: Contact

Data breach litigation | Navigating arbitration risk

In the second installment of our two-episode series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells litigation partner Vassi Iliadis and associate Laura Penaranda for an in-depth discussion on arbitration risks and class action waivers. They delve into the effects these provisions have on consumer-facing companies after a data security issue, resulting in an increase in arbitration demands due to clauses that are included in common terms of use contracts. The discussion provides an overview of arbitration risks, the impact of mass arbitration, and what companies should consider when revising their arbitration agreements.
Scott Loughlin: Contact
Vassi Iliadis: Contact
Laura Penaranda: Contact

Burning issues | Understanding SEC’s cybersecurity rules

This episode explores the recently adopted rules from the U.S. Securities and Exchange Commission (SEC) on cybersecurity disclosures for publicly traded companies.  Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, chats with Hogan Lovells partners John Beckman, Allison Holt Ryan and Paul Otto as they uncover key elements of these rule changes, including enhanced disclosure requirements for certain cybersecurity incidents, cyber risk management expectations, and updated processes for cybersecurity oversight and reporting.
Scott Loughlin: Contact
John Beckman: Contact
Allison Holt Ryan: Contact
Paul Otto: Contact

Data Breach Litigation – Navigating the Shifting Landscape

In today's digital age, the challenges of cybersecurity are increasing and evolving. When a data breach happens, the legal aftermath can be both complex and costly.  In the first installment of a two part series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells litigation partner Allison Holt Ryan and counsel Adam Cooke as they discuss the ins and outs of data breach litigation, focusing on the current environment, a recent Fourth Circuit decision and its implications, and steps businesses can consider as they work to mitigate data breach litigation risk.
Scott Loughlin: Contact
Allison Holt Ryan: Contact
Adam Cooke: Contact

The Data Privacy Framework | Importer’s perspective

The European Commission’s adoption of its adequacy decision for the EU-U.S. Data Privacy Framework cleared the way for U.S.-based entities to certify their participation and begin importing EU personal data. In this second installment of a two-episode series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, chats with U.S.-based colleagues, partner Bret Cohen, and senior associates Julian Flamant and Natalie Perez, to discuss the history of Trans-Atlantic data flows and unpack how U.S. importers can leverage the Framework.
Scott Loughlin: Contact
Bret Cohen: Contact
Julian Flamant: Contact
Natalie Perez: Contact

FTC’s proposed changes highlight heightened scrutiny of health & wellness tech

The explosive growth of direct-to-consumer health and wellness technologies that increase the amount of health data collected from consumers has triggered further action by [state legislators and] federal regulators. Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, is joined by Hogan Lovells senior associate Alyssa Golay and associate Fleur Oké to discuss the proposed changes to the FTC’s Health Breach Notification Rule (HBNR), recent enforcement actions, regulator guidance, and what these actions mean for health and wellness technologies and their use of consumer data.
Scott Loughlin: Contact
Alyssa Golay: Contact
Fleur Oké: Contact

Initial reactions to India’s new Digital Personal Data Protection Bill

India will have a new comprehensive privacy law, which will shake up the data protection world in the region and require companies to rethink their global privacy compliance programs. In this episode, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice is joined by Stephen Mathias, Partner and Co-Chair of the Technology Practice at Kochhar & Co, a leading law firm in India, to discuss the new law, which is named the Digital Personal Data Protection Bill 2023 (DPDPB). Scott and Stephen go into detail regarding the DPDPB’s areas of focus, how it compares to the GDPR, and what significant obligations and ramifications the bill has for global compliance programs and those who oversee them.
Scott Loughlin: Contact

The early days of privacy law and an outlook for the future

In this episode, Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, is joined by senior counsel and co-founder of the Hogan Lovells Privacy and Cybersecurity practice, Christopher Wolf, for a discussion the beginnings of privacy law. Chris details how he, along with other key originators, drove the creation of privacy as a distinct legal practice area. He provides great insight on the evolution of the industry, and more importantly, his forecast on where privacy is headed and what new attorneys or law students should know as they consider a focused practice in privacy.
Scott Loughlin: Contact
Christopher Wolf: Contact

Trailer: The Data Chronicles

Welcome to Hogan Lovells’ The Data Chronicles, brought to you by the firm’s global Privacy and Cybersecurity practice. This multimedia series is dedicated to the ever-changing legal and regulatory developments in the world of data, privacy, and cybersecurity.  Join us as we unravel and unpack various regulatory frameworks and legal developments around the globe.
Scott Loughlin: Contact

Automotive biometrics drive innovation and litigation risk

Automobile original equipment manufacturers (OEMs) are increasingly incorporating biometric trackers and analytics into a broad array of vehicle features to improve security and safety. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells partner James Denvil, senior associate Alicia Paller, and associate Jay Ettinger on how the use of biometric data continues to play an increasingly prominent role in the automotive industry, U.S. legal traps for unwary, and how litigation is likely to follow.
Scott Loughlin: Contact
James Denvil: Contact
Alicia Paller: Contact
Jay Ettinger: Contact

The Data Privacy Framework | Exporter perspectives

Earlier in July, the European Commission adopted its eagerly anticipated adequacy decision on international data transfers under the EU-U.S. Data Privacy Framework. The adequacy decision was preceded by substantial changes to U.S. intelligence-gathering requirements that have cleared the path for transfers of EU personal data. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells partner Eduardo Ustaran and senior associate Julie Schwartz on what the adequacy decision means for EU-based data exporters and the future of the framework in light of expected legal challenges.
Scott Loughlin: Contact
Eduardo Ustaran: Contact
Julie Schwartz: Contact

The FCC’s role in privacy & cybersecurity law

This episode explores the launch of the Federal Communications Commission (FCC) first-ever privacy and data protection task force, developed to address broader data privacy concerns. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, hosts a discussion with Hogan Lovells partner Katy Milner and senior counsel Charles Mathias regarding the creation of the task force and what this means for the future of privacy regulation and oversight in the telecommunications industry and beyond.
Scott Loughlin: Contact
Katy Milner: Contact
Charles Mathias: Contact