Covington & Burling LLP | Daniel P. Cooper

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Daniel P. Cooper

Partner

London +44 20 7067 2020 dcooper@cov.com Download V-card

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Daniel Cooper advises clients on information technology regulatory issues, particularly data protection, e-commerce and data security matters.

According to the latest edition of Chambers UK (2017), “he is very good at calibrating and helping to gauge risk in a way you can't get just from reading." In 2015, “sources praise his ‘insightful, sophisticated knowledge and reasoning,’ and say he is ‘creative, practical and solution-oriented.’"

Mr. Cooper also regularly assists leading technology companies, including social networking sites, online content and entertainment providers, and e-shopping sites, on their European and global compliance strategies. He also has deep experience with the regulation of mobile and e-health technologies. Mr. Cooper is also known for his ability to guide clients through the issues arising from data breach incidents, and has advised a number of high-profile clients in this area. Mr. Cooper co-authored the data protection standard that governs organized sport.

Mr. Cooper is dual-qualified in the United States and United Kingdom, and also has been appointed to the advisory and expert boards of privacy NGOs and agencies, such as Privacy International and the European security agency, ENISA.

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Advising Facebook, the online social network, on its compliance with European data protection laws.
Advising Expedia, and its sister company, TripAdvisor, on compliance with data protection and security rules in Europe and Asia.
Advising Wikimedia Foundation, responsible for the Wikipedia publication, with respect to European laws regulating charitable organizations and cross-border transfers of data.
Advising Microsoft on its various online services and data protection compliance.
Advising the World Anti-Doping Agency (WADA) with respect to its compliance with European data privacy laws in connection with its global administration and management of athlete doping procedures.
Advising UK Anti-Doping (UKAD) on UK privacy regulations as applied to athlete drug testing.

Advising Procter & Gamble on its online behavioral advertising practices and related collaborations with ad networks.
Advising Pfizer, GlaxoSmithKline (GSK), Novartis, Abbott, Gilead, Alcon, Genzyme, Johnson & Johnson, MSD and UCB on their compliance with European data protection rules relating to clinical trials, e-health platforms, genetic testing and in other contexts.
Advising CBS Interactive on its online privacy policies and data processing practices in Europe and Asia.
Advising Viacom, the global mass media company, in connection with UK data protection law matters.
Advising Deutsche Bank on various data protection issues in the UK and Germany.
Advising American Express in connection with its fraud detection program and initiatives involving “Big Data”.
Assisting UnitedHealth Group (UHG) with cross-border transfers of personal data and compliance with European registration rules.
Advising Privacy International, the privacy-rights NGO, with respect to emerging EU and other privacy and data retention laws
Assisted several manufacturing companies with devising privacy audit tools and practical compliance tools and template documents.
Advised on the national laws relating to employee monitoring and surveillance in several EU Member States.
Assisted a multi-national client on compliance with pan-European notification requirements.
Provided large US-based pharmaceutical company with information on privacy laws in 10 key markets, including countries in Europe, Central, North and South America, and Asia.
Assisted large pharmaceutical company in dealing with privacy issues resulting from the migration of patient data from a clinical study to a web-based platform.
Advised on the processing of sensitive health data (under clinical trials and pharmacompliance), exports to third countries such as the US, communication to third parties such as regulatory authorities and identification of the “controller” of data.
Assisted several clients on the latest privacy developments in the areas of RFID and biometrics.
Assisted several worldwide privacy audits of US-based multinationals, including a detailed safety assessment, and recommendations to address certain issues, drafting of SOPS, notices, checking notifications to data protection authorities, and preparing appropriate privacy policies.

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Advising consortium of privacy-rights organizations in connection with the human rights implications of EU laws on data retention and amassing information from electronic communications services providers.

European Privacy Association (EPA) Scientific Committee, Member (2015-2017)
DataGuidance Pharma Panel of Experts, Member
European Privacy Association, Member
Computer Law and Security Review, Member of the Professional Board
U.K. Law Society's ad hoc group on data protection, Member
Privacy International, Board of Trustees
CASRO, General Counsel and Privacy Officer's Forum
British Institute of International and Comparative Law, Data Protection Research and Policy Committee, Member
European Privacy Officers Network (EPON), Member
MI5, Advisor on data privacy issues

EU Article 29 Working Party Releases Extensive GDPR Guidance on Data Processing at Work

By Dan Cooper and Rosie Klement The EU’s Article 29 Working Party (“WP29”) has issued new guidance on data processing in the employment context (available here). Adopted on June 8, 2017, the guidance primarily takes account of the existing data protection framework under the EU Data Protection Directive (Directive 95/46/EC), but also considers the developments ...

Are You Ready for the European General Data Protection Regulation? A Practical Checklist for Employers

One year from today, on May 25, 2018, employers will have to comply with a new data protection law, commonly referred to as the General Data Protection Regulation (the “GDPR”). This alert provides a practical checklist of key considerations for employers and human resources professionals preparing for the new regime, ahead of its implementation next year.

China Releases Near-final Draft of Regulation on Cross-border Data Transfers

On May 19, 2017, the Cyberspace Administration of China (“CAC”) invited international stakeholders to attend a seminar to discuss an updated version of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Measures”). Given that the Measures have an intended effective date of June 1, 2017, it is likely that they are in final form and the framework established by the Measures will govern China’s cross border data transfers going forward. This alert summarizes the key changes from the previous version.

China Seeks Public Comments on Draft Regulation of Cross-Border Data Transfer

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).

CJEU Limits Public Record ‘Right to Be Forgotten’

On March 9, 2017, the Court of Justice of the EU (“CJEU”) handed down a ruling limiting the reach of its prior “right to be forgotten” jurisprudence, by holding that the right does not prevail over society’s interest in access to official public records of company details required by law. In its famous Costeja/Google Spain ruling,...… Continue Reading

UK Information Commissioner’s Office Publishes Draft Guidance on Consent under the GDPR

By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May 2018. The ICO is currently engaging in a public consultation on...… Continue Reading

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 ...

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

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 ...

Workplace Health Schemes Endorses The Use Of Wearable Technology

Daniel Cooper is quoted by CCT News in an article regarding the use of wearable technology in the workplace. According to Cooper, the use of wearable devices is a good way, especially for insurers. However, the wearers’ privacy must be taken care of as well as their legitimate treatment concerns.

Wearable technology: gathering data from tooth to toe

Daniel Cooper is quoted in a Financial Times article regarding wearable technology in the workplace. According to Cooper, not everyone will welcome sharing intimate personal information with the boss, however. “Wearable devices could be a good way for insurers to get the data . . . but it’s essential to address wearers’ privacy and fair treatment concerns and ...

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

The EU-U.S. Privacy Shield: What’s New and What’s Next?

At a joint press conference on July 12, 2016 in Brussels, EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the Privacy Shield (see Press Release here, Adequacy Decision text here, Annexes here, Communication here, and Q&A factsheet here). The press conference followed the approval of the underlying adequacy decision by the College of EU Commissioners. This was the last step in the adoption of the Privacy Shield in the EU.

Data Transfer Hurdles Have Companies Hedging Bets

Daniel Cooper is quoted in The Wall Street Journal’s “Morning Risk Report” discussing how companies should best comply with global data protection regulations. Commenting on the binding corporate rule process, Cooper said,“The one thing we know about binding corporate rules is [they tend] to have more appeal to European regulators.” He continues, “For a lot of ...

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...… ...

'Hypocritical' Europe is just as bad as the USA for data protection

Dan Cooper is quoted by The Register in an article discussing the uncertainty and complications continuing to surround the Schrems decision that derailed Safe Harbour. Cooper stated that his business clients were both “surprise[d] and shock[ed]” by the European Court’s decision. “Businesses felt like the rug had been pulled out from under them,” said Cooper. ...

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 ...

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 ...

Wearables at work: the new frontier of employee surveillance

Covington's Daniel Cooper is quoted regarding the legal implications of wearables in the workplace: “Historically European regulators in the data protection area have been very sceptical you can ever get a valid employee consent — they feel that for existing employees, [the relationship] is almost inherently coercive.”

Covington Advises Illumina on Partnership with Genomics England

LONDON, 5 August, 2014 — Covington & Burling advised Illumina on its partnership with Genomics England to provide infrastructure and expertise for a four-year project that aims to make the UK the world leader in genetic research into cancer and rare diseases, through funding research to decode 100,000 human genomes - a patient's personal DNA code. The deal is ...

European Regulators Set Out Data Anonymization Standards

This post was originally published on our sister blog Inside Privacy 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 ...

Italian Court Finds that Wikimedia is Not Liable for Defamatory Comments

By Dan Cooper and Oliver Grazebrook On 20 June 2103, the Court of Rome in Italy ruled that the Wikimedia Foundation (the charitable organisation that operates Wikipedia) could not be liable for defamatory content posted by users on its site. The court deemed that Wikimedia fell within the exemptions in the Italian transposition of Articles...… Continue Reading

Covington Helps Secure Approval for GlaxoSmithKline's BCRs

LONDON, 26 June, 2013 — The UK Information Commissioner's Office has authorised GlaxoSmithKline’s 'Binding Corporate Rules' (BCRs) – a set of internal policies and procedures used to protect personal data across GSK’s operations globally. The privacy and data security team at Covington & Burling was instrumental in the development, implementation and ...

A Step-by-Step Action Plan to Respond to Corruption Allegations while Navigating the Complexities of Data Privacy Requirements

Covington Advises Microsoft in $8.5 Billion Skype Deal

WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...

Covington Leads on the First Global Data Protection Standard

LONDON, June 9, 2009 — An enhanced version of the world’s first data protection standard for athletes took effect on June 1, 2009. The International Standard for the Protection of Privacy and Personal Information took effect on January 1, 2009, and an enhanced version was unanimously approved in early May 2009 by the Executive Committee of the World Anti-Doping ...

Chambers UK and Legal 500 UK Recommend Covington in 22 Categories

LONDON, 15 November, 2008 — The latest editions of Chambers UK and Legal 500 UK have recognised the London office of Covington & Burling LLP in a combined 22 categories, praising the firm’s lawyers for “best-in-class business acumen” and “excellent industry knowledge” as well as “consistent, absolutely top-tier service.” The firm’s London office has also ...

Covington Promotes 12 Lawyers to the Partnership

WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...

Covington Advises Bank of China, London Branch on the Transfer of its Non-Wholesale Banking Business

LONDON, November 15, 2007 - Covington & Burling LLP is pleased to announce its role in advising Bank of China’s London Branch on the transfer of its UK retail and part of its UK corporate banking business (based in London, Birmingham, Manchester and Glasgow) to Bank of China (UK) Ltd. Bank of China (UK) Ltd is a newly established UK bank and a wholly-owned ...

Covington Announces Ten New Counsel

WASHINGTON, DC, April 3, 2007 — Covington & Burling LLP has announced the promotion of four new Of Counsel and six new Special Counsel.The four new Of Counsel are Daniel P. Cooper, Christian Neira, Matthew J. O’Connor, and Kevin J. Shortill.Daniel P. Cooper advises on European privacy and data protection matters, as well as on contentious and non-contentious ...

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Chambers UK, Data Protection (2009-2017)
Chambers Europe, Data Protection (2015-2017)
Chambers Global, Data Protection (2008-2017)
Legal 500 UK, Data Protection (2012-2016)
Legal 500 UK, Sport (2013-2016)
Legal 500 UK, Media & Entertainment (2013)
Best Lawyers in the United Kingdom, Privacy & Data Protection Law (2014)
Super Lawyers - London, Computer and IT Law (2013)
Who's Who Legal, Information Technology (2013)
Legal 500 EMEA, EU Regulatory, Privacy and Data Protection - Belgium (2011)

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