Baker McKenzie's "Connect on Tech" podcast series provides bite-sized, practical legal insights into the most pressing data and technology issues around the globe.
In this episode, Cynthia Cole, IP & Technology Partner based in Palo Alto, is joined byJerome Tomas, Chair of the Firm's Securities and Exchange (SEC) and Financial Institutions Enforcement Group based in Chicago, as the two discuss the SEC's recently issued Final Rules for Cyber and what this means for public companies. Listen in to learn more about:
• Why should you care? The SEC has brought enforcement actions before based on data breach disclosure-what’s different now? • Will this bring on a flood of disclosure about security incidents? • What is the “materiality” standard and how does it apply here? • Do the final rules actually do away with the aggregation of incidents principle as outlined in the proposed rules? • How the SEC will be checking your defined terms in your incident response plans-make sure your terms are consistent across all incidents and across all functions
Read our key takeaways blog post on the Final Rules here for more information.
Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com
In the second of this two part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie is joined by Cyrus Vance Jr., Global Chair of Cybersecurity, as the two continue their discussion on cybercrime, focusing on the National Cybersecurity Strategy recently released by the White House, which seeks to address cyber risk and resiliency in America. Listen in to hear their views about:
• The National Cybersecurity Strategy framework, highlighting key takeaways of the five pillars: • i) defend critical infrastructure; ii) disrupt and dismantle threat actors; iii) shape market forces to drive security and resilience; iv) invest in a resilient future; and v) forge international partnerships to pursue shared goals; and • The role of the federal government to help stabilize insurance markets against catastrophic cyber events and foster business continuity as organizations navigate the global challenges of cybercrime
In the first of this two-part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie is joined by Cyrus Vance Jr., Global Chair of Cybersecurity, as the two discuss the alarming increase in cybercrimes, looking broadly at the trends, public safety risks and legal implications for the business community, particularly as it pertains to boards and senior management navigating the current threat landscape. Listen to learn more about:
• Why it is difficult to combat cybercrime and hold criminals accountable • The importance of multijurisdictional cooperation and public-private partnerships in fighting cybercrime • How geopolitical challenges and tensions will impact the outlook of cybercrime • What global companies and boards should understand about threat actors as cybercrimes become increasingly sophisticated in today's environment
Stay tuned on Connect on Tech for part two of this podcast, which will focus on the National Cybersecurity Strategy.
In this episode, Brian Hengesbaugh, Global Chair of Privacy & Security, is joined by Ben Slinn, senior associatein London, as they discuss data privacy predictions across the globe for the year ahead. Listen in to hear about:
• The data protection regime in the UK post Brexit and what lies ahead • Trends and issues that we are seeing from an EU perspective • Key developments and significant changes on the horizon outside of the EU For a more in-depth summary, view our blog post on 2023 trends and predictions on www.connectontech.com
In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Anne Petterd, privacy and cybersecurity partner based in Sydney, as they discuss privacy in the metaverse, highlighting key concerns at the intersection of these two complex and cutting-edge issues. The two explore universal topics of trust, transparency and how they relate to personal data protection in the digital environment. Listen in to hear more about:
In this episode, Brian Hengesbaugh, Chair of Global Privacy and Security, is joined by Rachel Ehlers, Privacy and Cybersecurity partner based in Texas, as they discuss the heightened focus on biometrics and key data privacy issues surrounding this prevalent technology. Listen in to hear about:
In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Cynthia Cole, IP, Data and Technology partner based in Palo Alto, as they discuss top-of-mind issues for global companies with respect to data and IP risk and reward in M&A. As a former CEO and General Counsel, Cynthia has extensive experience in a wide variety of complex technology and IP alliances and transactions, and offers her unique perspective on key issues facing companiesamidst the current economic landscape. Listen in to hear about:
• How market trends (inflation, a high dollar and recent layoffs) are impacting M&A activity • Various approaches (from the buy-side and sell-side) to evaluate risk and privacy program maturity • Tips to manage risk in the deal with respect to timing and the merger agreement itself • Outlook for companies who want to take advantage of current opportunities
In this episode, Manh Hung Tran, head of the Intellectual Property and Technology Practice Group in Vietnam, is joined by Dominic Edmondson, Special Counsel in our IP Tech group based in Hong Kong, as they discuss the latest developments in the data privacy landscape in Asia. Listen in to learn about the wave of new privacy laws across the region and the new sets of requirements that they entail, as well as:
• How GDPR has influenced legislation in the region, including in key jurisdictions such as Vietnam, Thailand, China and Japan • Practical considerations for companies to ensure compliant activities in light of the recent changes in privacy law requirements • Key data privacy trends and developments in the region to expect in 2022 and beyond
Speakers: Paul Glass, Teresa Michaud, Stephen Reynolds
In this episode, Paul Glass, head of cybersecurity based in the UK, is joined by Teresa Michaud, co-chair of the North America Class Action subgroup and Stephen Reynolds, partner in Chicago, as they discuss consumer class actions in relation to data breaches and security incidents. Listen in to hear about:
In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Stephen Reynolds, partner in Chicago, as they discuss the Strengthening American Cybersecurity Act, a law recently signed by President Biden, which requires key businesses to report certain ransomware incidents to the Cybersecurity and Infrastructure Security Agency (CISA). Listen in to hear about:
• An overview of the new law, including key elements such as mandatory reporting requirements, timelines and which "critical infrastructure" sectors are affected by the legislation
• How the scope and ambiguity of the new law impacts organizations and complicates the response process effort
• What to expect in terms of engaging with CISA and how to preserve privilege applying to such communications
• How to manage and coordinate the new reporting mandates with existing incident reporting obligations
• Suggested action items to help companies address top-of-mind concerns and challenges they encounter as ransomware continues to be a prevalent threat
In this episode, Harry Valetk is joined by partners Francesca Gaudino, based in Milan, and Michaela Nebel, based in Frankfurt, as they discuss privacy notice obligations. Listen in to hear about whether or not data privacy notifications are still relevant and other key considerations that may be overlooked including:
In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Cy Vance, Global Chair of Cybersecurity based in New York, as they discuss the current cybersecurity threat landscape from a government, enforcement and litigation perspective. Listen in to hear about:
• Cy's background as the former Manhattan District Attorney for 12 years, including his experience focusing on cybersecurity issues and building the District Attorney Office's capability to address emerging threats to critical infrastructure • Key steps to prepare for and protect against cyber-attacks in this current threat environment • Ransomware payments and what factors organizations may want to consider from both public policy and practical perspectives in deciding whether to pay a ransomware actor
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Stephen Reynolds, data privacy and security partner in our Chicago office, to highlight developing trends surrounding the Log4j security vulnerability. In this episode, you will learn about:
In this episode of Connect On Tech, your host Adam Aft, Co-Head of Baker McKenzie's Global Technology Transactions group is joined by Alexandra Coti, senior associate in our Paris office, to discuss The Data Business Booster, Baker McKenzie's innovative new legal assessment tool. In this episode, you will learn about:
In this Connect on Tech episode, Brian Hengesbaugh is joined by Ben Slinn to discuss the increased focus on and heightened protection around children's data in the UK. Ben, a leading privacy attorney in our London office, reviews the new UK Age Appropriate Designs Code, intended to address key areas affecting data of children under the age of 18 with respect to online services. The Code, which companies are required to comply with from September 2, 2021, includes 15 standards of age appropriate design relevant to online services likely to be used by children under the age of 18. Listen to hear more on the standards of the UK Age Appropriate Designs Code, and similar developments in jurisdictions such as Ireland, the Netherlands and France
Brian Hengesbaugh and Julia Wilson, a leading employment and privacy partner in our London office, join for this episode of Connect on Tech to discuss privacy in the work place and key issues employers are facing. In this podcast, Brian and Julia take a deep dive into four key areas employers must carefully navigate in the data and privacy realm - i) the processing of testing and vaccination data, ii) employee monitoring in various guises from clever technology that tracks activity, to lo-tech activities such as keeping secret files about employees, iii) ability to process diversity and inclusion data to better understand workplace equality issues, and iv) the use of AI in the employment context, particularly in recruitment. Brian and Julia reflect on how these topics require a holistic approach to employment and privacy considerations, in order to get the right balance and be compliant
Brian Hengesbaugh is joined by Michaela Nebel to discuss the enforcement of Schrems II, the decision of the Court of Justice of the European Union from last July 2020 where they invalidated the EU-US Privacy Shield with a focus on US government surveillance activities. This podcast looks squarely into enforcement activities in the aftermath of Schrems II in Germany, and provides insight into the “coordinated audits of international data transfers” announced by various German data protection authorities on June 1, 2021.
Want to Learn More?Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com
In this episode of Connect on Tech, our host, Brian Hengesbaugh is joined by Francesca Gaudino, partner and head of Baker McKenzie’s Information Technology & Communications Group in Milan to discuss the EU Digital COVID Certificate that will facilitate safe free travel of citizens in the EU during the COVID-19 pandemic. On June 1, a month ahead of schedule, seven member states have decided to connect to the gateway and are issuing certificates, with more countries to join in the coming days and weeks. Join this episode to learn more about:
Want to learn more?
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Partners Peter Chan and Valerie Mirko join Brian Hengesbaugh to discuss the SEC and cybersecurity, leveraging their own experiences with the agency to give an overview of the past, present and future. Listen to learn about:
Bradford Newman joins Brian Hengesbaugh to cover the latest in the use of artificial intelligence in hiring and recruiting. Listen to hear:
Want to Learn More?Subscribe to the Connect On Tech blog at www.connectontech.com for all things data and technology. For more AI topics, please tune into our new video chat series, Eye on AI.
Adam Aft and Peter George join the show to discuss the findings of Baker McKenzie's latest Digital Transformation and Cloud Survey, which captures major trends and attitudes toward the use of data through a global lens of respondents in legal, technology and procurement roles, across major industries. Listen to hear:
Brian Hengesbaugh and Partner Paul Glass dissect the recent guidance issued by the ICO in response to the SoldWinds cyber-attack. Listen to hear an overview of what the guidance says, why the ICO decided to release guidance in regards to this incident and how companies should best approach the 72-hour notification rule.
Harry Valetk, partner in our New York office, joins Brian to discuss the global privacy issues surrounding COVID-19 vaccinations. Tune in to hear the immediate privacy issues to consider in regards to the vaccine, whether a privacy impact assessment is warranted, and the privacy perspective on employers mandating vaccination.
Brian Hengesbaugh is joined by Jessica Nall, partner in Baker McKenzie's San Francisco/Palo Alto office. Jessica and Brian discuss the series of cybersecurity incidents former giant Yahoo experienced in 2013 and 2014, and Jessica's lessons learned as a lead attorney representing individuals in those cases in the following government investigations in 2016. Listen in to hear what went wrong in the case and why those failures remain relevant today, how companies can avoid becoming a target for a major cybersecurity enforcement case and Jessica's thoughts on trends in government enforcement in cybersecurity in light of a new incoming administration.
Brian Hengesbaugh is joined by Marcela Robledo, partner in Baker McKenzie's San Francisco office, to discuss trends in technology transactions. In this episode, you'll hear about the diligence companies should perform on vendors prior to completing a transaction, contractual provisions that can be implemented to mitigate risk and tips on negotiating with vendors who aren't keen to compromise.
In our first episode of our Digital Commerce, Marketing and Advertising Series, London Partners Helen Brown and Julia Hemmings are joined by Lauren McGuirl, Director of Commercial Disputes at CEDR, to talk about the forthcoming P2B Regulation, that comes into force on July 12, 2020.
We take a look at:
the implications for platforms and the businesses who rely on them
the threshold questions - which arrangements does the regulation apply to?
Brian Hengesbaugh is joined by Ben Slinn (Senior Associate, London) and Brandon Moseberry (Partner, Chicago) to discuss developments around Children's data in the United Kingdom and United States. Tune in to hear:
Joanna de Fonseka, a senior associate in Baker McKenzie's London office, joins host Brian Hengesbaugh to discuss the use of contact tracing apps in the United Kingdom. Download and listen to learn:
In this episode, Brian Hengesbaugh is joined by Alyssa Auberger, global Chair of Baker McKenzie's Consumer Goods & Retail (CG&R) industry group, to discuss how the COVID-19 pandemic has accelerated existing trends and created new ones in the CG&R space.
Download and listen to learn:
In this episode, Brian welcomes back Lothar Determann, partner in our Palo Alto office, to cover the ins and outs of electronic signatures. Download and listen to learn:
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Amy de La Lama, a partner in our Chicago office. Amy and Brian discuss a top of mind topic: telehealth, and the changes to US privacy regulations or enforcement priorities that evolve in response to the COVID-19 pandemic. You will hear:
Want to Learn More?Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com.
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Lothar Determann, a partner in Baker McKenzie's Palo Alto office. Lothar and Brian discuss the finalization of the California Consumer Privacy Act. You can expect to hear:
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Francesca Gaudino, a partner in our Milan office. Francesca reports on the on-the-ground situation in Italy in light of COVID-19 and issues Italian employers are facing. You will learn:
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Francesca Gaudino, a partner in our Milan office. Francesca reports on the on-the-ground situation in Italy in light of COVID-19 and issues Italian employers are facing. You will learn:
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Ben McLaughlin, Global Chair of Baker McKenzie's Healthcare & Life Sciences Group. Together Brian and Ben discuss healthcare data in the context of mergers and acquisitions. You will hear:
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Bill Rowe, a partner in Baker McKenzie's Chicago office who focuses on mergers and acquisitions including acquisitions of tech targets and IP based businesses. The episode covers:
In this episode of Connect On Tech, your host Brian Hengesbaugh talks with Nikolaus Reinhuber, Global Chair of Industrials, Manufacturing and Transportation at Baker McKenzie about Back to the Future, our latest report exploring the future of Industrials. In this episode, you will learn about:
· The key findings of the report, which were pieced together following 700+ conversations with industry leaders around the world
· Challenges and opportunities arising for Industrial companies as technology and the world evolves
· Nikolaus' thoughts on why sustainability has become a major issue affecting the industry right now and in the future
Want to Learn More?Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com.
Related Resources:
Back to the future: Assessing Industrials' Readiness for Change
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Jose Moran, a partner in Baker McKenzie's Chicago office and chair of the Firm's Energy, Mining and Infrastructure Industry Group. Through their conversation, you will learn about:
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Teresa Michaud, a partner in Baker McKenzie's Los Angeles office. Together they will discuss the possible private litigation that may arise as a result of the California Consumer Privacy Act (CCPA). Tune in to learn:
· What clients are calling "the scariest aspect" of the CCPA
· How class action plaintiffs might bring suit outside of the data breach context
· Teresa's practical tips for how companies can help protect themselves from litigation arising from the CCPA
Want to Learn More?Stay tuned for more podcasts and subscribe to the Connect On Tech Blog at www.connectontech.com.
Related Resources:California Attorney General Publishes Proposed Regulations Implementing CCPA
A Practical Guide to CCPA Readiness: Implementing California's New Privacy Law
In this episode, your host Brian Hengesbaugh is joined by Raffaele Giarda, a partner in our Rome office and Chair of Baker McKenzie’s Global Technology, Media & Telecommunications Industry Group, to discuss a hot topic in the mobility space: connected cars.
In this episode, you will hear:
· The differences between connected cars and autonomous vehicles
· An overview of key legal developments surrounding the technology, including liability and data protection issues
· Raffaele’s thoughts on how future regulation will need to strike the right balance for all stakeholders involved
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Stay tuned for more podcasts and updates, subscribe to our Connect On Tech Blog at www.connectontech.com.
Related Resources
Baker McKenzie's Global Driverless Vehicle Survey 2018
Global TMT Hub
In this episode, your host Brian Hengesbaugh is joined by Benjamin Slinn, a senior associate in our London office, to discuss how data protection may look in a post-Brexit Europe.
In this episode, you will learn about:
Want to Learn More?
Stay tuned for more podcasts and updates, subscribe to our Connect On Tech Blog at www.connectontech.com.
Related Resources
Baker McKenzie Brexit Blog
Data Protection and Brexit
In this episode of Connect On Tech, Brian Hengesbaugh speaks with Michaela Nebel (Partner, Frankfurt). Together they focus on the recently published guidelines from the European Data Protection Board (EDPB) on the territorial scope of application of the General Data Protection Regulation (GDPR).
In this episode, you will learn:
● What advice and guidance came from the EDPB
● The basics elements of the extraterritorial application of GDPR
● Key aspects, concerns, and practical tips relating to the EDPB's recently released guidelines on territorial reach
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Related Resources
EDPB Guidelines on Territorial Scope of GDPR
Joining host Brian Hengesbaugh this episode is Dr. Lukas Feiler, a partner in Baker McKenzie's Vienna office. Brian and Lukas discuss breach notification in Austria under the European Union’s General Data Protection Regulation (GDPR). Specifically, how to deal with the 72-hour requirement and some of the related strategic decisions.
In this episode, you will learn about:
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Related Resources
Takeaways from the First GDPR Fines
In this episode, your host Brian Hengesbaugh is joined by associates Danielle Benecke (San Francisco/Palo Alto) and Yoon Chae (Dallas). The three discuss the legislative and regulatory developments surrounding artificial intelligence.
In this episode, you will learn about:
● definitions of AI and how these inform policy and regulation
● trends in AI legislation in the US and globally
● recommendations, guidance, and advice on navigating the changing regulatory landscape for companies currently deploying AI or considering deploying AI
Want to Learn More?
Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and Facebook. Find more episodes at ConnectOnTech/Podcasts.
Related Resources
Connect on Tech: Artificial Intelligence
US AI Regulation Guide: Legislative Overview and Practical Considerations
Joining this episode of Connect on Tech is Brandon Moseberry, a partner in Baker McKenzie's Chicago office. Brandon will discuss cookies and trackers, a critical, complex issue. In this episode, you will hear:
· What cookies and trackers are and how they work
· Whether the usage of these cookies and trackers constitute a sale under the CCPA
· Brandon’s predictions on further developments and solutions, as well as his tips on how companies should tackle this issue
Want to Learn More?
Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and LinkedIn.
Related Resources:California Attorney General Publishes Proposed Regulations Implementing CCPA
A Practical Guide to CCPA Readiness: Implementing California's New Privacy Law
Francesca Gaudino, a partner in Baker McKenzie's Milan office, joins this episode of Connect on Tech to discuss the December 18th opinion issued by the Advocates General (AG) of the Court of Justice of the European Union on Data Protection Commissioner v Facebook Ireland (Shrems II). In this episode you will learn:
· What this opinion means for the resolution of the case
· View of the AG on standard contractual clauses and how this may affect companies from a practical perspective
· Commercial implications of a final decision on Shrems II that follows the AG's opinion
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Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and LinkedIn.
Related Resources:Data Protection Commissioner v Facebook Ireland (Schrems II): Advocate general’s opinion signals legal changes to standard contractual clauses
International Data Transfer Solutions Under GDPR
Title: Making Sense of the Schrems II Opinion
Description: Francesca Gaudino, a partner in Baker McKenzie's Milan office, joins this episode of Connect on Tech to discuss the December 18th opinion issued by the Advocates General (AG) of the Court of Justice of the European Union on Data Protection Commissioner v Facebook Ireland (Shrems II). In this episode you will learn:
· What this opinion means for the resolution of the case
· View of the AG on standard contractual clauses and how this may affect companies from a practical perspective
· Commercial implications of a final decision on Shrems II that follows the AG's opinion
Want to Learn More?
Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and LinkedIn.
Related Resources:Data Protection Commissioner v Facebook Ireland (Schrems II): Advocate general’s opinion signals legal changes to standard contractual clauses
International Data Transfer Solutions Under GDPR
Welcome to Connect On Tech — the podcast series that covers legal developments in data and technology that impact business around the world. Your host is Brian Hengesbaugh, Global Chair of Privacy and Security at Baker & McKenzie. In this episode, Brian is joined by Flavia Rebello, a partner at Baker McKenzie in São Paulo, Brazil. Together, they discuss the new Brazilian data protection law.
In this episode, you will hear:
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Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and Facebook. Find more episodes at ConnectOnTech/Podcasts.
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Adam Aft and Peter George, two partners in Baker McKenzie's Chicago office. Together they will discuss the 2019 Cloud and Data Survey.
Tune in to learn:
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Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and Facebook. Find more episodes at ConnectOnTech/Podcasts.
Related Resources:
2019 Data and Cloud Survey Results
2019 Cloud Computing Survey Shows Data Privacy Concerns Among Top Concerns for Cloud Users
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Julia Kaufman, a partner at Baker McKenzie in Munich.
In this episode, you will learn about:
Want to Learn More?
Stay tuned for more podcasts and subscribe to the Connect On Tech Blog. Follow us on Twitter and Facebook. Find more episodes at ConnectOnTech/Podcasts.
Related Resources
Baker McKenzie Insight: Court of Justice of the European Union rules on Cookie Consent