Dan Cooper

Daniel Cooper heads up the firm’s growing Data Privacy and Cybersecurity practice in London, and counsels clients in the information technology, pharmaceutical research, sports and financial services industries, among others, on European and UK data protection, data retention and freedom of information laws, as well as associated information technology and e-commerce laws and regulations. Mr. Cooper also regularly counsels clients with respect to Internet-related liabilities under European and US laws. Mr. Cooper sits on the advisory boards of a number of privacy NGOs, privacy think tanks, and related bodies.

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French CNIL Publishes Recommendations for Protecting Minors Online

On June 9, 2021, the French Supervisory Authority (“CNIL”) published recommendations to help strengthen the protection of minors online (see here, in French). These recommendations are the result of a survey and public consultation conducted by the CNIL in 2020, which focused on the digital practices of minors (see our blog post here). The results … Continue Reading

German Supervisory Authorities Probe Data Transfers

By Lars Lensdorf, Dan Cooper, Sophie Herold and Anna Oberschelp de Meneses on June 8, 2021 Posted in Cross-Border Transfers, Data Privacy, EU Data Protection, European Union, European Union, GDPR

On June 1, 2021, several German supervisory authorities (“SAs”) announced the launch of a “nationwide investigation” into German companies transferring personal data outside of the European Economic Area. Currently, there is no official list of all the SAs participating in the investigation, but at least 8 of Germany’s 16 regional SAs have announced their intention … Continue Reading

European Commission Publishes New Standard Contractual Clauses

By Dan Cooper, Kristof Van Quathem, Anna Oberschelp de Meneses and Nicholas Shepherd on June 4, 2021 Posted in Cross-Border Transfers, Data Privacy, EU Data Protection, European Union, GDPR

Today, June 4th, 2021, the European Commission (“Commission”) published the final version of its new standard contractual clauses for the international transfer of personal data (“SCCs”) (see here). While the final version retains much of the language of the draft version released in November 2020 (see here), it includes several notable updates. When finalizing the … Continue Reading

Inside Privacy Audiocast: Episode 14 – China’s Draft Data Security Law

By Dan Cooper and Yan Luo on June 1, 2021 Posted in China, Data Security, International

On Episode 14 of Covington’s Inside Privacy Audiocast, Dan Cooper and Yan Luo discuss recent privacy developments in China, in particular as they relate to China’s draft Data Security Law. Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and trends. Subscribe to our Inside Privacy Blog to receive notifications on new episodes.… Continue Reading

Final Countdown to POPIA Compliance: Five Critical Steps to Take Before July 1st, 2021

By Benjamin Haley, Dan Cooper, Deon Govender, Ahmed Mokdad, Shivani Naidoo and Kgabo Mashalane on June 1, 2021 Posted in Cross-Border Transfers, International, Internet of Things (IoT), POPIA, Privacy and Data Security, South Africa

In Episode 12 of our Inside Privacy Audiocast, together with special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa, we discussed the Information Regulator’s mandate and the implementation of data protection legislation in South Africa. Now, with less than a month to go before South Africa’s Protection of Personal Information Act, … Continue Reading

Inside Privacy Audiocast: Episode 13 – Data Privacy Developments in Israel

By Dan Cooper on April 20, 2021 Posted in Cross-Border Transfers, International, Privacy and Data Security

On Episode 13 of Covington’s Inside Privacy Audiocast, Dan Cooper is joined by Dotan Hammer, a Partner in the Internet, Cyber & Copyright Group at Pearl Cohen, to discuss recent privacy developments in Israel, including Israel’s data-economy relations with the EU and the U.S. Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues … Continue Reading

Inside Privacy Audiocast: Episode 12 – Conversation with Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa

By Dan Cooper and Mosa Mkhize on March 19, 2021 Posted in Cross-Border Transfers, International, POPIA, Privacy and Data Security, South Africa, Uncategorized

In celebration of data privacy as a human right as part of South Africa’s Human Rights Day 2021, we feature special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa on Episode 12 of Covington’s Inside Privacy Audiocast. Together with Dan Cooper and Mosa Mkhize, we discuss the Information Regulator of South … Continue Reading

European Commission Publishes Draft UK Adequacy Decisions

By Dan Cooper and Paul Maynard on March 2, 2021 Posted in Data Privacy, EU Data Protection, European Union, United Kingdom

On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data. The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), … Continue Reading

Inside Privacy Audiocast: Episode 11 – Latest Developments on the EU’s ePrivacy Regulation

By Dan Cooper and Kristof Van Quathem on February 24, 2021 Posted in Data Privacy, ePrivacy Regulation, EU Data Protection, European Union

The EU’s ePrivacy Regulation, like the EU GDPR, has been highly anticipated since it was first proposed in 2017. What are the current developments and next steps in the process to enactment? What are some of the complicating factors of the proposed Regulation? Are there major differences between the initial proposal and where the text … Continue Reading

Abu Dhabi Global Market Issues New Data Protection Regulations

By Dan Cooper and Stacy Young on February 16, 2021 Posted in Data Privacy, International

On February 14, 2021, the Abu Dhabi Global Market (“ADGM”), one of two significant financial services free zones in the United Arab Emirates, enacted its new Data Protection Regulations 2021 (the “Regulations”). The Regulations will come into force and replace the current Data Protection Regulations 2015 following a transition period of 12 months for current … Continue Reading

European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse

By Dan Cooper, Lisa Peets, Marty Hansen, Sam Jungyun Choi and Stacy Young on February 15, 2021 Posted in Children's Privacy, Data Privacy, EU Data Protection

On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in … Continue Reading

Employee Confidentiality and Data Theft: Recent UK Developments

By Christopher Walter, Helena Milner-Smith, Louise Freeman, Dan Cooper, Mark Young and Mark Welch on February 10, 2021 Posted in United Kingdom

In this blog post, we look at a recent decision by the UK Court of Appeal and a separate prosecution brought by the Information Commissioner’s Office (“ICO”; the UK data protection authority), which together serve as a cautionary tale for employees and prospective future employers of the risks of civil liability and criminal conviction for … Continue Reading

Inside Privacy Audiocast: Episode 10 – Data Privacy Day 2021: Trends to Watch

By Dan Cooper and Kurt Wimmer on January 28, 2021 Posted in Data Privacy, Data Security, EU Data Protection, European Union, United States

On this special tenth episode of our Inside Privacy Audiocast, we celebrate Data Privacy Day 2021. Join Dan Cooper and Kurt Wimmer as they discuss the key global data privacy developments in 2020 and trends to look out for in 2021. Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and trends. Subscribe … Continue Reading

Inside Privacy Audiocast: Episode 9 – China’s Approach to Data Protection

By Dan Cooper, Yan Luo and Zhijing Yu on January 25, 2021 Posted in China, Data, Data Security, International

On the ninth episode of our Inside Privacy Audiocast, we peer through the looking glass at China’s approach to data protection and the latest developments in its emerging data protection and cybersecurity regime. Dan Cooper, Yan Luo and Zhijing Yu discuss the variety of legal instruments in China’s quickly-evolving data protection and cybersecurity regulatory landscape, and how these … Continue Reading

Irish DPC publishes draft Fundamentals for a Child-Oriented Approach to Data Processing

By Dan Cooper, Sam Jungyun Choi, Shona O'Donovan and Stacy Young on January 15, 2021 Posted in Children's Privacy

On December 18, 2020, the Irish Data Protection Commission (“DPC”) published its draft Fundamentals for a Child-Oriented Approach to Data Processing (the “Fundamentals”). The Fundamentals introduce child-specific data protection principles and measures, which are designed to protect children against data processing risks when they access services, both online and off-line. The DPC notes that all … Continue Reading

Council of the EU Released a (New) Draft of the ePrivacy Regulation

By Dan Cooper and Anna Oberschelp de Meneses on January 6, 2021 Posted in Data Privacy, EU Data Protection, European Union, GDPR

On January 5, 2021, the Council of the European Union released a new, draft version of the ePrivacy Regulation, which is meant to replace the ePrivacy Directive. The European Commission approved a first draft of the ePrivacy Regulation in January 2017. The draft regulation has since then been under discussion in the Council. On January … Continue Reading

Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

By Dan Cooper and Kurt Wimmer on December 24, 2020 Posted in Cross-Border Transfers, European Union, United Kingdom

On December 24th, with a year-end deadline and the holidays fast approaching, European Commission and United Kingdom (“UK”) officials announced they reached a deal on the EU-UK Trade and Cooperation Agreement (“Agreement”). Once formally adopted by the European Union (“EU”) institutions, the Agreement will govern the relationship between the EU and UK beginning on January … Continue Reading

Inside Privacy Audiocast: Episode 8 – The Impact of the U.S. Election on Privacy Laws in the U.S.

By Dan Cooper and Libbie Canter on December 18, 2020 Posted in U.S. Election 2020, U.S. Federal and State Legislative Initiatives, United States

On the eighth episode of our Inside Privacy Audiocast, we peer through the looking glass at the U.S. election and the future of privacy laws in the U.S. We discuss whether the November 3 election is likely to be a watershed event in the development of privacy laws in the U.S. In this episode, Dan … Continue Reading

EDPB adopts recommendations on international data transfers following Schrems II decision

By Dan Cooper, Lisa Peets, Marty Hansen and Sam Jungyun Choi on November 12, 2020 Posted in Cross-Border Transfers, Data, Data Privacy, EU Data Protection, European Union

On 11 November 2020, the European Data Protection Board (“EDPB”) issued two draft recommendations relating to the rules on how organizations may lawfully transfer personal data from the EU to countries outside the EU (“third countries”). These draft recommendations, which are non-final and open for public consultation until 30 November 2020, follow the EU Court … Continue Reading

Inside Privacy Audiocast: Episode 7 – Brexit and the Future of UK Data Privacy Law

By Dan Cooper on October 30, 2020 Posted in Brexit, Cross-Border Transfers, European Union, Privacy and Data Security, United Kingdom

Over the past 9 months, the UK has been hammering out the shape of its future trading relationship with the EU, as well as many others, and there apparently are signs of progress in the past few days as a result of intensified talks between the two sides. Some are reporting a deal will be … Continue Reading

Inside Privacy Audiocast: Episode 6 – View from Johannesburg Part II: Top Data Policy Trends to Look Out For in Africa

By Dan Cooper on October 20, 2020 Posted in Cross-Border Transfers, GDPR, International, POPIA, Privacy and Data Security, South Africa

Recently, there has been a significant level of attention given to data protection and privacy matters on the Continent, and in the just the past year, we have seen new laws proposed or enacted in places like Nigeria, Egypt, Kenya, and of course South Africa, although prior to that, places like Morocco, Ghana and Mali … Continue Reading

Inside Privacy Audiocast: Episode 5 – View From Johannesburg Part I: GDPR vs. POPIA – What Should Businesses Be Considering?

By Dan Cooper, Shivani Naidoo and Ahmed Mokdad on October 12, 2020 Posted in Cross-Border Transfers, GDPR, International, POPIA, Privacy and Data Security, South Africa

On June 22, 2020, the South African President announced that certain provisions of POPIA would take effect on July 1, provisions which most regard as essential to the statute, such as those imposing conditions on the lawful processing of personal information, procedures for handling complaints, and general enforcement provisions. Only days later, the South African Information … Continue Reading