On 19 February 2020, the European Commission presented its long-awaited strategies for data and AI.  These follow Commission President Ursula von der Leyen’s commitment upon taking office to put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within the new Commission’s first 100 days.  Although the papers published this week do not set out a comprehensive EU legal framework for AI, they do give a clear indication of the Commission’s key priorities and anticipated next steps.

The Commission strategies are set out in four separate papers—two on AI, and one each on Europe’s digital future and the data economy.  Read together, it is clear that the Commission seeks to position the EU as a digital leader, both in terms of trustworthy AI and the wider data economy.


Continue Reading European Commission Presents Strategies for Data and AI (Part 1 of 4)

On Wednesday, the U.S. Department of Justice released a white paper and FAQ on the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which was enacted in March 2018 and creates a new framework for government access to data held by technology companies worldwide.  The paper, titled “Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act,” addresses the scope and purpose of the CLOUD Act and responds to 29 frequently asked questions about the Act.

Continue Reading Department of Justice Releases White Paper on CLOUD Act

Covington’s Alex Berengaut and Kate Goodloe today hosted a webinar on the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act.  The CLOUD Act was signed into law in March and creates a new framework for government access to data held by technology companies worldwide.  The webinar, hosted with DataGuidance, is available here.  The webinar

On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide.

The CLOUD Act, enacted as part of the Consolidated Appropriations Act, has two components.

Part I:  Extraterritorial Reach

In a new post on the Covington Digital Health blog, our colleagues discuss a new European Cloud in Health Advisory Council whitepaper calling for a review of European healthcare data protection rules holding back greater adoption of cloud computing and AI; and for more discussion about the ethics and governance of re-use of patient

The EU-U.S. Privacy Shield’s recent introduction has created an efficient mechanism to ensure that trans-Atlantic personal data flows are lawful.  With that in place, attention is now turning back to restrictions within the EU, particularly around hosting data in cloud computing services.

European healthcare is particularly affected by such restrictions.  This has motivated a significant group of organizations and policymakers to come together and launch a collective “call to action” to European policymakers, urging greater support and reforms to enable broader use of cloud computing in healthcare.  The Call to Action was previewed at eHealth Week 2016 in June.
Continue Reading EU Organizations Call for More Support for Cloud Computing in Healthcare

The EU Network and Information Security (NIS) Directive now looks likely to enter into force in August of this year.  Member States will then have 21 months to implement it into national law before the new security and incident notification obligations will start to apply to the following entities:

  • designated* “operators of essential services” within the energy, transport, banking, financial market infrastructures, health, drinking water supply and distribution, and digital infrastructure sectors; and
  • certain “digital service providers” that offer services within the EU, namely online market places, online search engines and cloud computing services, excluding small/micro enterprises.

* Once implemented in national law, Member States will have a further 6 months to apply criteria laid down in the Directive to identify specific operators of essential services covered by national rules; they do not need to undertake this exercise in relation to digital service providers, which shall be deemed to be under the jurisdiction of the Member State in which it has its “main establishment” (i.e., its head office in the Union).
Continue Reading EU Cyber Security Directive To Enter Into Force In August

By Kristof Van Quathem

Yesterday, the European Commission launched its “Digitising European Industry” package, a series of industry related initiatives aimed at “updating Europe’s digital infrastructure”, see press release here, Q&A here and homepage here.  The package includes reports and proposals addressing cloud computing, ICT standardization, eGovernment, Internet of Things (“IoT”), quantum technologies and high performance computing / big data.

Below we summarize the data protection aspects of the key communications published yesterday.
Continue Reading Digital Single Market – New Initiatives for Cloud Computing and Internet of Things

As businesses increasingly work with various types of third parties that process sensitive information and, in some cases, access a company’s networks, there is an inherent risk:  these third parties create new avenues of attack against a company’s data, systems, and networks.   Covington attorneys David Fagan, Nigel Howard, Kurt Wimmer, and Elizabeth Canter describe these