In the second installment of our two-episode series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells litigation partner Vassi Iliadis and associate Laura Penaranda for an in-depth discussion on arbitration risks and class action waivers. They delve into the effects these provisions have on consumer-facing companies after a data security issue, resulting in an increase in arbitration demands due to clauses that are included in common terms of use contracts. The discussion provides an overview of arbitration risks, the impact of mass arbitration, and what companies should consider when revising their arbitration agreements.

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Vassi Iliadis: Contact

Laura Penaranda: Contact

This episode explores the recently adopted rules from the U.S. Securities and Exchange Commission (SEC) on cybersecurity disclosures for publicly traded companies.  Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, chats with Hogan Lovells partners John Beckman, Allison Holt Ryan and Paul Otto as they uncover key elements of these rule changes, including enhanced disclosure requirements for certain cybersecurity incidents, cyber risk management expectations, and updated processes for cybersecurity oversight and reporting.

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In today's digital age, the challenges of cybersecurity are increasing and evolving. When a data breach happens, the legal aftermath can be both complex and costly.  In the first installment of a two part series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells litigation partner Allison Holt Ryan and counsel Adam Cooke as they discuss the ins and outs of data breach litigation, focusing on the current environment, a recent Fourth Circuit decision and its implications, and steps businesses can consider as they work to mitigate data breach litigation risk.

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The European Commission’s adoption of its adequacy decision for the EU-U.S. Data Privacy Framework cleared the way for U.S.-based entities to certify their participation and begin importing EU personal data. In this second installment of a two-episode series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, chats with U.S.-based colleagues, partner Bret Cohen, and senior associates Julian Flamant and Natalie Perez, to discuss the history of Trans-Atlantic data flows and unpack how U.S. importers can leverage the Framework.

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The explosive growth of direct-to-consumer health and wellness technologies that increase the amount of health data collected from consumers has triggered further action by [state legislators and] federal regulators. Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, is joined by Hogan Lovells senior associate Alyssa Golay and associate Fleur Oké to discuss the proposed changes to the FTC’s Health Breach Notification Rule (HBNR), recent enforcement actions, regulator guidance, and what these actions mean for health and wellness technologies and their use of consumer data.

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India will have a new comprehensive privacy law, which will shake up the data protection world in the region and require companies to rethink their global privacy compliance programs. In this episode, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice is joined by Stephen Mathias, Partner and Co-Chair of the Technology Practice at Kochhar & Co, a leading law firm in India, to discuss the new law, which is named the Digital Personal Data Protection Bill 2023 (DPDPB). Scott and Stephen go into detail regarding the DPDPB’s areas of focus, how it compares to the GDPR, and what significant obligations and ramifications the bill has for global compliance programs and those who oversee them.

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In this episode, Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, is joined by senior counsel and co-founder of the Hogan Lovells Privacy and Cybersecurity practice, Christopher Wolf, for a discussion the beginnings of privacy law. Chris details how he, along with other key originators, drove the creation of privacy as a distinct legal practice area. He provides great insight on the evolution of the industry, and more importantly, his forecast on where privacy is headed and what new attorneys or law students should know as they consider a focused practice in privacy.

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Welcome to Hogan Lovells’ The Data Chronicles, brought to you by the firm’s global Privacy and Cybersecurity practice. This multimedia series is dedicated to the ever-changing legal and regulatory developments in the world of data, privacy, and cybersecurity.  Join us as we unravel and unpack various regulatory frameworks and legal developments around the globe.

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Automobile original equipment manufacturers (OEMs) are increasingly incorporating biometric trackers and analytics into a broad array of vehicle features to improve security and safety. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells partner James Denvil, senior associate Alicia Paller, and associate Jay Ettinger on how the use of biometric data continues to play an increasingly prominent role in the automotive industry, U.S. legal traps for unwary, and how litigation is likely to follow.

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Jay Ettinger: Contact

Earlier in July, the European Commission adopted its eagerly anticipated adequacy decision on international data transfers under the EU-U.S. Data Privacy Framework. The adequacy decision was preceded by substantial changes to U.S. intelligence-gathering requirements that have cleared the path for transfers of EU personal data. Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells partner Eduardo Ustaran and senior associate Julie Schwartz on what the adequacy decision means for EU-based data exporters and the future of the framework in light of expected legal challenges.

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