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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EDPB adopts recommendations on international data transfers following Schrems II decision

By Dan Cooper, Lisa Peets, Marty Hansen and Sam Jungyun Choi on 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 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 and Robert Kayihura on 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 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

EDPB Publishes Draft Guidelines on the Targeting of Social Media Users

By Dan Cooper and Shona O'Donovan on Posted in Advertising & Marketing, Data Privacy, EU Data Protection, European Union, Online, Online Targeting
On 7 September 2020, the European Data Protection Board (“EDPB”) adopted draft guidelines on the targeting of social media users (the “Guidelines”).  The Guidelines aim to clarify the roles and responsibilities of social media providers and “targeters” with regard to the processing of personal data for the purposes of targeting social media users.… Continue Reading

English High Court Awards Damages for Quasi-Defamation Data Claim

By Louise Freeman, Dan Cooper, Katharine Kinchlea and Tom Cusworth on Posted in United Kingdom
The English High Court has recently awarded damages in a data privacy case, with two features of particular interest.  First, the nature of the claim is more reminiscent of a claim in defamation than for data privacy breaches, which is a development in the use of data protection legislation.  Secondly, the damages awarded (perhaps influenced … Continue Reading

Inside Privacy Audiocast: Episode 4 – A Look into the ACLU of California’s Position on the CPRA

By Dan Cooper and Lindsey Tonsager on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Data Security, United States
On our fourth episode of our Inside Privacy Audiocast, we are aiming our looking glass at the California Privacy Rights Act, and are joined by guest speaker Jacob Snow, Technology and Civil Liberties Attorney with the American Civil Liberties Union of Northern California. In September 2019, Alastair Mactaggart, Board Chair and Founder of Californians for … Continue Reading

European Commission Proposes Interim Regulation to Combat Child Sexual Abuse Online

By Dan Cooper, Marty Hansen and Sam Jungyun Choi on Posted in Children's Privacy, Data Privacy, EU Data Protection
On 10 September 2020, the European Commission proposed an interim regulation designed to enable online communications service providers to combat child sexual abuse online. Once in force, this regulation will provide a legal basis for providers to voluntarily scan communications or traffic data on their services for the limited purpose of detecting child sexual abuse … Continue Reading

EDPB Publishes Guidelines on the GDPR Concepts of “Controller”, “Joint Controller” and “Processor”

By Dan Cooper and Anna Oberschelp de Meneses on Posted in EU Data Protection
On September 2, 2020, the European Data Protection Board (“EDPB”) adopted guidelines on the concepts of “controller” and processor” under the GDPR. The Article 29 Working Party had already issued a guidance on this topic in 2010. Although the GDPR did not change the definitions of “controller” and “processor”, the EDPB’s guidelines aim to bring … Continue Reading

Swiss Federal Data Protection Authority Removes the US from its List of Adequate Countries

By Dan Cooper and Anna Oberschelp de Meneses on Posted in Cross-Border Transfers, Data Privacy
On September 8, 2020, the Swiss Federal Supervisory Authority (“Swiss SA”) issued a position paper stating that Swiss companies can no longer rely on the Swiss-US Privacy Shield Framework to transfer data to the US. The Swiss SA did not revoke the Swiss-US Privacy Shield Framework because it does not have the power to do … Continue Reading

Life After Schrems II: Practical Recommendations In An Uncertain Time

By Dan Cooper, Kristof Van Quathem and Nicholas Shepherd on Posted in Cross-Border Transfers, Data Privacy, EU Data Protection, European Union, Privacy and Data Security
On 16 July, 2020, the Court of Justice of the EU (“CJEU”), issued its decision in the Schrems II case.  In short, the CJEU invalidated the EU-U.S. Privacy Shield and clarified that the use of standard contractual clauses (“SCCs”) requires data controllers to conduct a case-by-case assessment of the level of data protection that SCCs … Continue Reading

LGPD Effective Imminently

By Dan Cooper and Miles Lynn on Posted in Data Privacy, International
On August 26, 2020, the Brazilian Senate rejected an alteration made to Article 4 of Provisional Measure 959/20 — an alteration intended to postpone the effective date of the General Data Protection Law (“LGPD”) until December 31, 2020.  Following the removal of Article 4 — and many months of uncertainty — the LGPD’s effective date … Continue Reading

Inside Privacy Audiocast: Episode 3 – Emerging Data Privacy Issues in Brazil

By Dan Cooper on Posted in Cross-Border Transfers, Data Privacy, International
On our third episode of our Inside Privacy Audiocast, we are aiming our looking glass at Brazil’s new data protection statute, Lei Geral de Proteção de Dados (or LGPD), and are joined by Ronaldo Lemos, a partner at Rennó Penteado. In our episode recorded earlier this week, Dan Cooper and Ronaldo discuss the LGPD, which … Continue Reading

Inside Privacy Audiocast: Episode 2 – Data Protection Hot Topics in Russia

By Dan Cooper on Posted in Data Privacy, EU Data Protection, International
On the second episode of our Inside Privacy Audiocast, we are aiming our looking glass at Russia, and are joined for our discussion by Partner Maria Ostashenko and Senior Associate Anastasia Petrova of the Data Protection and Cybersecurity practice at the Alrud law firm in Moscow. The pair discuss Russia’s data protection framework, zooming in … Continue Reading

Inside Privacy Audiocast: Episode 1 – Post-Schrems II: Paving A Way Forward

By Dan Cooper and Kristof Van Quathem on Posted in Data Privacy, EU Data Protection
The Court of Justice of the European Union’s recent decision in the “Schrems II’ case was one of the most highly anticipated decisions in the world of data privacy, striking down the EU-U.S. Privacy Shield, but upholding the validity of standard contractual clauses. Tune in to the first episode of Covington’s Inside Privacy Audiocast, where … Continue Reading

European Commission Publishes 2-Year Report on the Implementation of the GDPR

By Dan Cooper, Kristof Van Quathem, Nicholas Shepherd and Anna Oberschelp de Meneses on Posted in Data Privacy, EU Data Protection, European Union, Internet of Things (IoT), Online Targeting, Privacy and Data Security
On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect.  The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory authorities, the Multi-Stakeholder Expert Group and other … Continue Reading

French Council of State Decides that the French Supervisory Authority Cannot Prohibit Cookie Walls

By Kristof Van Quathem, Dan Cooper and Anna Oberschelp de Meneses on Posted in Data Privacy, European Union
On June 19, 2020, the French Council of State (Conseil d’État) decided that the French Supervisory Authority (“CNIL”) had gone too far in its guidance on cookies and similar technologies when it stated that conditioning a user’s access to a website upon his or her acceptance of certain cookies (commonly known as “cookie walls”) is … Continue Reading

ICO Issues COVID-19 Guidance for Employers

By Dan Cooper and Miles Lynn on Posted in COVID-19
On May 11, 2020, the UK Information Commissioner’s Office (“ICO”) published guidance on how employers should handle data in the event they choose to test their employees for COVID-19. The guidance provides a clear reminder that employers must comply with both the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“DPA”), and … Continue Reading

Italian Supervisory Authority Publishes FAQs on Data Protection and COVID-19

By Dan Cooper and Luca Tosoni on Posted in COVID-19
On May 6, 2020, the Italian Supervisory Authority (“Garante”) published a list of frequently asked questions (“FAQs”) and answers on data protection and COVID-19 (see here, in English). The FAQs build on and expand guidance previously issued by the Garante (see our blog post here), and take into account recent measures adopted by Italian authorities, such as … Continue Reading

Hungarian Government Suspends GDPR Data Subjects Rights

By Dan Cooper and Anna Oberschelp de Meneses on Posted in COVID-19
On May 4, 2020, the Hungarian Government issued a Decree that suspends, during the COVID-19 created state of emergency, the one-month deadline that controllers have under the GDPR to reply to data subject rights requests. The Decree also allows public entities to refuse or suspend freedom of information (“FOIA”) requests in certain situations. The Decree … Continue Reading

EDPB Issues New Guidance on the Use of Location Data and Contact Tracing in the Context of the COVID-19 Outbreak

By Dan Cooper and Luca Tosoni on Posted in COVID-19, Data Privacy, EU Data Protection, European Union, Health Privacy, Surveillance
As we anticipated in a previous blog post, on April 22, 2020, the European Data Protection Board (“EDPB”) issued new guidelines on the use of location data and contact tracing apps in the context of the present COVID-19 pandemic. The EDPB’s new guidelines complement and build on similar guidance previously issued by the Board itself … Continue Reading

UK ICO Issues Opinion on Apple-Google Initiative for a Contact Tracing Framework

By Dan Cooper and Nicholas Shepherd on Posted in COVID-19, Data Privacy, Data Security, Health Privacy, Privacy and Data Security, United Kingdom
On April 17, 2020, the UK’s Information Commissioner’s Office (“ICO”) issued an opinion on the recently announced Apple-Google initiative to develop a Bluetooth-based Contact Tracing Framework (“CTF”) to help prevent the spread of COVID-19.  The ICO opinion is generally supportive of the Apple-Google proposal and perceives it to be, at this early phase, aligned with … Continue Reading
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