Dan Cooper

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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European Commission Unveils Data Economy Package: International Data Transfers

On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future.  These initiatives comprise the following: A proposal for a Regulation on Privacy and Electronic Communications (E-Privacy Regulation) (see our post here); A Communication on “Building a European Data Economy” (see our post here); and A Communication … Continue Reading

European Commission Unveils Data Economy Package: “Building a European Data Economy”

On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future.  These initiatives comprise the following: A proposal for a Regulation on Privacy and Electronic Communications (E-Privacy Regulation) (see our post here); A Communication on “Building a European Data Economy”; and A Communication on exchanging and protecting … Continue Reading

European Commission Unveils Data Economy Package: E-Privacy Regulation

On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future.  These initiatives comprise the following: A proposal for a Regulation on Privacy and Electronic Communications (E-Privacy Regulation) ; A Communication on “Building a European Data Economy” (see our post here); and A Communication on exchanging and … Continue Reading

CJEU Confirms Dynamic IP Addresses To Be Personal Data

On Wednesday October 19, 2016 the Court of Justice of European Union (“CJEU”) issued its judgment in Case C-582/14, Patrick Breyer v Germany.  The CJEU held that a “dynamic” IP address constitutes personal data (agreeing with the Opinion of the Advocate General from May this year).  Dynamic IP addresses qualify as personal data, even if … Continue Reading

Agreement Reached on New EU-U.S. Safe Harbor: the EU-U.S. Privacy Shield

By Dan Cooper, Phil Bradley-Schmieg and Joseph Jones Today (February 2nd, 2016), the European Commission and U.S. Government reached political agreement on the new framework for transatlantic data flows.  The new framework – the EU-U.S. Privacy Shield – succeeds the EU-U.S. Safe Harbor framework (for more on the Court of Justice of the European Union … Continue Reading

EU’s Highest Court Invalidates Safe Harbor with Immediate Effect

Today, the Court of Justice of the European Union (the “CJEU”) invalidated the European Commission’s Decision on the EU-U.S. Safe Harbor arrangement (Commission Decision 2000/520 – see here). The Court responded to pre-judicial questions put forward by the Irish High Court in the so-called Schrems case. More specifically, the High Court had enquired, in particular, … Continue Reading

Highlights of the Canada Digital Privacy Act 2015

On June 18, 2015, the Canadian Parliament passed the Digital Privacy Act (DPA), Senate Bill S-4, into law.  The DPA amends Canada’s federal data protection statute, the Personal Information Protection and Electronic Documents Act (PIPEDA) in important respects, including introducing a new data breach notification requirement (which is not yet in force) and making other … Continue Reading

CJEU Hears Oral Arguments in Pivotal EU-U.S. Safe Harbor Case

By Dan Cooper and Phil Bradley-Schmieg On March 24, 2015, the Court of Justice of the EU (CJEU) heard arguments in Case C-362/14 (Schrems).  The High Court of Ireland has asked the CJEU whether Ireland’s data protection authority (DPA) — and by extension other EU DPAs — is bound by the Commission’s adequacy decision (Decision 520/2000/EC) … Continue Reading

Top 10 International Privacy Developments of 2014

By Dan Cooper and Maria-Martina Yalamova The CJEU “Right to be Forgotten” Ruling.  In May 2014, the Court of Justice of the European Union (CJEU) delivered an important judgement in a referral from Spain’s National High Court involving Google, a Spanish national, and the Spanish data protection authority (Case C-131/12).  The CJEU’s decision re-interpreted European … Continue Reading

EU Justice Ministers Reach A Common Position on Aspects of the Draft EDPR

By Dan Cooper & Maria-Martina Yalamova On June 6, 2014, the Justice and Home Affairs Council of the European Union (the “Council”), representing individual EU Member States, reached a common position on certain important aspects of the draft European Data Protection Regulation (the “Regulation”).  Specifically, the Council reached an agreement on rules governing transfers of … Continue Reading

Google, the CJEU, and the Long Arm of European Data Protection Law

By Dan Cooper, Mark Young and Kristof van Quathem On May 13, the European Court of Justice (the “Court”) handed down an important judgement in a referral from Spain’s National High Court involving Google, a Spanish national, and the Spanish data protection authority (Case C-131/12).  The decision has wide-ranging consequences regarding the application of EU … Continue Reading

European Regulators Set Out Data Anonymization Standards

By Kristof van Quathem and Dan Cooper On April 10, 2014, the Article 29 Working Party adopted an Opinion on anonymization techniques.  The Working Party accepts that anonymization techniques can help individuals and society reap the benefits of “open data” initiatives – initiatives intended to make various types of data more freely available – while … Continue Reading

European Regulators and the Eternal Cookie Debate

By Dan Cooper, Mark Young and Maria-Martina Yalamova This week, the Article 29 Working Party (the “WP29”) released an opinion paper on what constitutes “consent” for purposes of complying with the EU’s “cookie” rules — rules that were revised to include a consent requirement nearly four years ago.  The paper will be relevant to website … Continue Reading

Irish Data Protection Commissioner and FTC sign Memorandum of Understanding

The Data Protection Commissioner Billy Hawkes has signed a memorandum of understanding (MOU) with the Chairwoman of the U.S. Federal Trade Commission (FTC), Edith Ramirez.  The MOU is a statement of cooperation between the two agencies in their efforts to protect consumer privacy.  It includes provisions calling for cooperation in relation to enforcement of relevant … Continue Reading

French Data Protection Authority: 3-Month Deadline for Google to Comply With Privacy Laws

By Jorg Walter The CNIL announced in a press release on Thursday that it has issued a formal notice to Google Inc. that requires the search engine to provide clear and sufficient information to users about how their data is being used. In particular, the Paris based regulator wants Google to: Define specified and explicit … Continue Reading

Vote on EU Data Protection Regulation Again Postponed

By Jorg Walter Despite previous assertions to the contrary, the European Parliament’s Civil Liberties Committee (“LIBE”) announced on Wednesday that it would not be holding its important vote on the Proposed Data Protection Regulation before the summer recess. A new vote has not yet been scheduled but is planned for September or October 2013. As … Continue Reading

EU Data Protection Working Party Sets Out App Privacy Recommendations

By Dan Cooper and Philippe Bradley This week the Article 29 Working Party released its Opinion 2/2013 on apps on smart devices (WP 202), a 30-page report on mobile app privacy and data protection considerations. This development follows on the Working Party’s Statement on the draft General Data Protection Regulation on 27 February 2013 (which … Continue Reading

The ICO Responds to the Leveson Report

By Dan Cooper, Helena Marttila & Fredericka Argent Following the 2011 News International phone-hacking scandal, the UK government commissioned an in-depth inquiry into the accusations made against the British press to be conducted by Lord Justice Leveson.  The “Leveson Inquiry” was a full-scale investigation, which culminated in an approximately 2000-page report published in November 2012.  The … Continue Reading

Australia Introduces New Privacy Act

By Daniel Cooper, Fredericka Argent and Ezra Steinhardt On 29 November 2012, the Office of the Australian Information Commissioner announced that the Australian government passed the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (“the Act”). The Act, due to come into force in March 2014, is the biggest reform to Australian privacy law in … Continue Reading

The European Court of Justice Rules That Austria’s Data Protection Authority Is Not Sufficiently Independent

On 16 October 2012, the Court of Justice of the European Union (“CJEU”) ruled in favour of the European Commission in its claim against Austria that the Austrian Data Protection Authority, the Datenschutzkommission (“DSK”), was not independent from the Austrian government as required under Article 28 of the EU’s Data Protection Directive. The Commission’s action was … Continue Reading

CNIL and Article 29 Working Party Release Report on Google Privacy Policy

By Dan Cooper & Ezra Steinhardt On 16 October, 2012, the French data protection authority, the CNIL, released a report on behalf of the Article 29 Working Party that examines Google’s compliance with European data protection law.  The report marks a new stage in an investigation which began nine months ago, when Google announced that … Continue Reading
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