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Dan Cooper

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing clients in regulatory proceedings before privacy authorities in Europe and counseling them on their global compliance and government affairs strategies. Dan regularly lectures on the topic, and was instrumental in drafting the privacy standards applied in professional sport.

According to Chambers UK, his "level of expertise is second to none, but it's also equally paired with a keen understanding of our business and direction." It was noted that "he is very good at calibrating and helping to gauge risk."

Dan is qualified to practice law in the United States, the United Kingdom, Ireland and Belgium. He has also been appointed to the advisory and expert boards of privacy NGOs and agencies, such as the IAPP's European Advisory Board, Privacy International and the European security agency, ENISA.

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On February 27, 2025, the Court of Justice of the European Union (“CJEU”) issued a significant decision on the right of data subjects to request access to their personal data under Article 15 GDPR, specifically as it relates to automated decision-making and striking an appropriate balance between informing data subjects and protecting trade secrets (Case C‑203/22).Continue Reading CJEU Clarifies GDPR Rights on Automated Decision-Making and Trade Secrets

On February 20, 2025, the European Commission’s AI Office held a webinar explaining the AI literacy obligation under Article 4 of the EU’s AI Act.  This obligation started to apply on February 2, 2025.  At this webinar, the Commission highlighted the recently published repository of AI literacy practices.  This repository compiles the practices that some AI Pact companies have adopted to ensure a sufficient level of AI literacy in their workforce.  Continue Reading European Commission Provides Guidance on AI Literacy Requirement under the EU AI Act

On February 7, 2025, the OECD launched a voluntary framework for companies to report on their efforts to promote safe, secure and trustworthy AI.  This global reporting framework is intended to monitor and support the application of the International Code of Conduct for Organisations Developing Advanced AI Systems delivered by the 2023 G7 Hiroshima AI Process (“HAIP Code of Conduct”).*  Organizations can choose to comply with the HAIP Code of Conduct and participate in the HAIP reporting framework on a voluntary basis.  This reporting framework will allow participating organizations that comply with the HAIP Code of Conduct to showcase the efforts they have made towards ensuring responsible AI practices – in a way that is standardized and comparable with other companies.Continue Reading OECD Launches Voluntary Reporting Framework on AI Risk Management Practices

On February 6, 2025, Advocate General Spielmann released his opinion in the EDPS vs. SRB case (Case C‑413/23 P).  In this case, the European Data Protection Supervisor appealed a decision from the General Court (see our blog post here).

In essence, the case turns on the question of whether…

Continue Reading CJEU Advocate General Supports Pragmatic Definition of Personal Data

In the past few weeks, there have been significant developments relating to the “legitimate interests” legal basis under Article 6(1)(f) of the GDPR:

  • On 4 October 2024, the Court of Justice of the EU (“CJEU”) handed down its judgment in a case relating to the Royal Dutch Lawn
… Continue Reading Five key takeaways from recent EU developments on the GDPR’s “legitimate interests” legal basis

Now that the EU Artificial Intelligence Act (“AI Act”) has entered into force, the EU institutions are turning their attention to the proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence (the so-called “AI Liability Directive”).  Although the EU Parliament and the Council informally agreed on the text of the proposal in December 2023 (see our previous blog posts here and here), the text of the proposal is expected to change based on a complementary impact assessment published by the European Parliamentary Research Service on September 19.Continue Reading The EU Considers Changing the EU AI Liability Directive into a Software Liability Regulation

On September 12, 2024, the European Commission announced that it will launch a public consultation on additional standard contractual clauses for international transfers of personal data to non-EU controllers and processors that are subject to the EU GDPR extra-territorially (“Additional SCCs”), something that has been promised by the European Commission as far back as 2022.  The public consultation is planned for the last quarter of 2024.Continue Reading EU Commission Announces New SCCs for International Transfers to Non-EU Controllers and Processors Subject to the GDPR

On August 23, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution 19/2024, approving the Regulation on international data transfers and the content of standard contractual clauses (the “Regulation”).  The Regulation implements the international data transfer framework under the Brazilian General Data Protection Law (“LGPD”).Continue Reading Brazil Issues New Regulation on International Data Transfers

On May 30, 2024, the European Court of Justice (“CJEU”) ruled that any button a consumer uses to order a service online must clearly indicate that the consumer commits to pay the price for the relevant service by affirmatively clicking on it. (Conny Case C-400/22) At issue was whether this requirement applies in cases where the consumer’s obligation to pay the trader is subject to the trader meeting a specific condition specified in the contract. The CJEU confirmed that the rule applies in such cases.Continue Reading CJEU Clarifies Online “Order Buttons” Must Indicate that the Consumer is Assuming an Obligation to Pay

On May 17, 2024, the Council of Europe adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the “Convention”).  The Convention represents the first international treaty on AI that will be legally binding on the signatories.  The Convention will be open for signature on September 5, 2024. 

The Convention was drafted by representatives from the 46 Council of Europe member states, the European Union and 11 non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America, and Uruguay).  The Convention is not directly applicable to businesses – it requires the signatories (the “CoE signatories”) to implement laws or other legal measures to give it effect.  The Convention represents an international consensus on the key aspects of AI legislation that are likely to emerge among the CoE signatories.Continue Reading Council of Europe Adopts International Treaty on Artificial Intelligence