Yan Luo advises clients on a broad array of regulatory matters in connection with cybersecurity and data protection rules in China. With previous work experience in Washington, DC and Brussels before relocating to Beijing, Yan has fostered her government and regulatory skills in all three capitals. She is able to strategically advise international companies on … Continue Reading
Ashden Fein’s Cybersecurity practice focuses on counseling clients who are preparing for and responding to cyber-based attacks on their networks, assessing their security controls and practices for the protection of data and systems, developing and implementing cybersecurity programs, and complying with federal and state regulatory requirements. Ashden has specifically been the lead investigator and crisis … Continue Reading
On October 24, the Information Technology Industry Council (ITI) released a set of policy principles to guide the technology industry and governments in their approach to artificial intelligence (AI). The organization—which includes Amazon, Apple, Facebook, Google, Intel, and Microsoft—intends for its guidelines to help AI meet its potential to solve important problems while minimizing any … Continue Reading
Kristof Van Quathem, special counsel in Covington’s Brussels office, advises clients on data protection, data security, and cybercrime matters. He has been specializing in this area for over fifteen years and covers the entire spectrum of advising clients on government affairs strategies, ranging from compliance advice on the adopted laws, regulations, and guidelines, to the … Continue Reading
Last week, the Advisory Committee to the Congressional Internet Caucus hosted “Hacking: What Color Is Your Hat? Vulnerability Disclosures and the Law,” a discussion on the importance of vulnerability disclosures to protect information systems and the nation’s cyber security defenses, and how private and public actors can safely encourage vulnerability reporting. Technology and security companies … Continue Reading
In the past three weeks, China’s State Council and the State Cryptography Administration (“SCA”) issued two documents that reveal a major change in the regulatory regime governing commercial encryption products in China, potentially paving the way for the draft Encryption Law to establish a uniformed encryption regime. This development and its practical implications will be … Continue Reading
The European Commission has today published its Report on the first annual review of the EU-U.S. Privacy Shield (the Report is accompanied with a Staff Working Document, Infographic, and Q&A). The Commission concludes that Privacy Shield continues to ensure an adequate level of protection for personal data transferred from the EU to Privacy Shield-certified companies … Continue Reading
In a speech delivered at the United States Naval Academy on October 10, Deputy Attorney General Rod Rosenstein waded into the public debate between data privacy and law enforcement interests. As part of a discussion moderated by former Covington cybersecurity attorney Jeff Kosseff, Rosenstein’s remarks discussed cyber issues facing law enforcement with a particular focus … Continue Reading
Steve Surdu is a Senior Cybersecurity Advisor at Covington and a member of the firm’s Cybersecurity Incident Response Team. Prior to joining the firm, Steve served as Vice President of Professional Services at Mandiant, a leading cybersecurity firm. Steve has more than 35 years of experience both as a consultant and as a senior executive … Continue Reading
Today, one of the most critical risks a company can face is the cyber risks associated with its own employees or contractors. Companies are confronting an increasingly complex series of cybersecurity challenges with employees in the workplace, including employees failing to comply with established cybersecurity policies, accidentally downloading an attachment containing malware or providing their … Continue Reading
Earlier this week, the Federal Trade Commission and Department of Education announced plans to hold a joint workshop on the application of the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”) to educational technology products and services in the K-12 school environment. In advance of the workshop, the … Continue Reading
In the immediate aftermath of discovering a cybersecurity incident, companies often face many questions and few answers amidst a frenzy of activity. What happened? What should we do now? What legal risks does the company face, and how should it protect against them? In this fast-paced environment, it can be difficult to coordinate the activity … Continue Reading
On October 3, 2017, the Irish High Court referred Data Protection Commissioner v Facebook Ireland Limited [2016 No. 4809 P.] to the Court of Justice of the European Union (“CJEU”). The case, commonly referred to as Schrems II, is based on a complaint by Max Schrems concerning the transfer of personal data by Facebook, from … Continue Reading
As long as there have been computers, there have been individuals who have been willing and able to compromise them. It was true yesterday, it is true today and it will be true tomorrow. In fact, the fundamental issues that lead to compromises, large and small, have been very consistent over the years. They fall … Continue Reading
On September 13, 2017, the UK Government published a new Data Protection Bill regulating the use of individuals’ personal data. The Bill, which is intended to replace the UK Data Protection Act 1998, would serve a range of functions, most notably setting out how the UK intends to make use of its leeway to derogate … Continue Reading
As Covington kicks off Cybersecurity Awareness Month with a series of weekly articles, preventative tips, and Q&As developed by our cybersecurity practice professionals, it’s worth recollecting how much our cybersecurity landscape has changed over the last twenty-plus years, and how the law has responded to these evolving challenges. Although the late 1990s saw the first … Continue Reading
