With privacy and data security experts based in London, Brussels, Beijing, San Francisco, New York, and Washington, DC, Covington’s international privacy and data security practice is exceptional in its depth of knowledge and range of expertise. We are well-versed in the privacy and data security regimes in a host of jurisdictions worldwide, from the more established regimes of the European Union to the more recent regimes found in the Asia-Pacific and Latin American regions.
Our specialist team in Brussels and London has been advising multinational companies on national and regional data privacy laws in the EU since the current EU Directive 95/46/EC was enacted nearly 20 years ago. We provide practical advice that is informed by deep knowledge of various local requirements and experience of dealing with regulators across Europe. Our multi-lingual team, which consists of experts in national Member State laws -- including the UK, Belgium, France, Germany, the Netherlands and Spain -- provides a “one-stop shop” solution. We also maintain an established network of local counsel that we can use to advise on privacy and data security issues in a multitude of international markets, if needed.
We have particular expertise in advising companies in the software, technology, pharmaceutical, manufacturing and publishing sectors, and regularly advise in the following areas:
- International data transfers – including transfers of personal data from the EU using Binding Corporate Rules (BCRs), the U.S. Safe Harbor, model contracts and taking advantage of exemptions.
- Online compliance and cookies – including drafting privacy policies and compliance materials, and advising on using social features, cookies and the implementation of the ePrivacy Directive 2002/58/EC across the EU.
- Cloud based processing services – advising on processing contracts, security issues and other related cloud compliance challenges.
- Data breaches – advising on and assisting with data breach notification requirements, including liaising with regulators and managing reputational risks.
- New uses of data – advising telecommunications, pharmaceutical and other companies in relation to new services that involve increased use of personal data and analysis of “Big Data”
- Employee issues – advising on the cross-border implementation of employee monitoring and whistle-blowing schemes.
- Customers and marketing – advising on collecting and using customers’ data and on complying with marketing rules.
- Legislative and regulatory advocacy – including advising on the proposed EU Data Protection Regulation as well as on the growing number of data privacy laws in the Asia-Pacific and Latin American regions.
Representative Matters
- Advising a large social network on compliance with U.S., EU and international data privacy laws in relation to its launch of new services and functionality, including geotargeting, facial recognition and targeted advertising.
- Advising a global online trading platform on privacy issues in the e-discovery context.
- Advising a leading software and cloud services provider on data protection compliance and its various online services.
- Advising on the privacy regulatory issues associated with e-health and mobile health initiatives, and the use of online health data repositories.
- Worked with multinational pharmaceutical clients on BCR applications, U.S. Safe Harbor certifications and use of model contracts to facilitate transborder data flows in the context of day to day business, as well as mergers and demergers
- Advising a large information technology company on security related requirements relating to the public sector.
- Advising several multinational companies on a variety of privacy issues including the implementation and roll out of hotlines or compliance helplines, BYOD (Bring Your Device) policies, screening against terrorist lists, consent issues in the online world, the use of cookies, data transfers and complex outsourcing and cloud issues.
Accolades
- Ranked by Legal 500 EMEA as a leading EU Regulatory, Privacy and Data Protection practice (2012), and by Chambers UK and Legal 500 UK as a leading Data Protection practice (2012-2013).
- Henriette Tielemans, who is co-chair of the firm’s Global Privacy and Data Security Practice Group and leads the practice in Brussels, is a member of the Board of the International Association of Privacy Professionals (IAPP) and a member of its European Advisory Board. She was selected by the European Commission to join a five member expert group to advise the Commission on the reform of the EU Data Protection DirectiveDan Cooper, who heads up the practice in London, sits on the advisory boards of a number of privacy NGOs, privacy think tanks, and related bodies, and is a Trustee of Privacy International.
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