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A Proposal Not To Be Forgotten: Data Privacy in the EU. . . and Here, Too


Product Code - lgn16
Speaker(s): Christopher Wolf, Hogan Lovells; Omer Tene, Tene & Associates; Jules Polonetsky, Future of Privacy Forum; Winston Maxwell, Hogan Lovells
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The European Commission’s (EC’s) proposed data protection regulation represents a sea change in the European Union's approach to regulating the collection and transfer of personal information. The proposal includes a so-called “right to be forgotten,” which would permit individuals to demand the removal of their personal data from the Internet and other places it is retained. It also contains provisions asserting the validity of the extraterritorial reach of the proposed regulation to businesses outside the European Union; extensive opt-in consent requirements; a new right of “data portability”; sanctions including steep fines of up to two percent of worldwide turnover; and new requirements for “data protection impact assessments.” 

The regulations will apply to any company targeting European consumers and will tighten consent requirements and require data breach notification. In addition to the proposed regulation, the EC released a proposed directive covering the processing of personal information by government law enforcement and security officials. 

Join Bloomberg BNA’s panel of experts as they parse the provisions and explain how they affect U.S. businesses. 

Educational Objectives:

• Learn the timeline for approval and implementation 
• Understand the impact on American e-commerce and social media companies 
• Learn about the data breach notification requirements 
• Understand Safe Harbor protections 
• Find out about proposed penalties and other costs of noncompliance 

Who would benefit most from attending this program?

In-house counsel and chief privacy officers of multi-national corporations; privacy, data protection and e-discovery practitioners. 

Program Level: Intermediate

 

Christopher Wolf, Hogan Lovells; Omer Tene, Tene & Associates; Jules Polonetsky, Future of Privacy Forum; Winston Maxwell, Hogan Lovells

Christopher Wolf / Hogan Lovells
Christopher Wolf is Director of Hogan Lovells' global Privacy and Information Management practice group, which spans the firm’s 40 offices in 21 countries. He also is the founder and co-chair of the Future of Privacy Forum. Mr. Wolf is widely recognized as one of the leading American practitioners in the field of privacy and data security law. He also writes and speaks frequently on the subject. In 2011, Mr. Wolf was the only privacy lawyer to speak at the eG8 in Paris, and he is the only privacy practitioner to date who has testified before the U.S. Senate Judiciary Privacy Subcommittee. As part of his practice, Mr. Wolf advises clients on compliance and policy issues related to cross-border and international data protection, and he contributes to public policy discussions on proposed changes to the international privacy law framework. 

Mr. Wolf earned a J.D.,  magna cum laude , Order of the Coif, from Washington and Lee University School of Law and an A.B.,  cum laude , from Bowdoin College. He participated in the General Course at the London School of Economics and Political Science. 

Omer Tene / Tene & Associates
Omer Tene is Managing Director of Tene & Associates and an Associate Professor at the College of Management School of Law, Rishon Le Zion, Israel. He is a Visiting Fellow at the Berkeley Center for Law and Technology and the Berkeley Institute for Jewish Law, and Israeli Law, Economy and Society; an Affiliate Scholar at the Stanford Center for Internet and Society; and a Senior Fellow at the Future of Privacy Forum. He serves as rapporteur to the OECD for its review of its 1980 Privacy Guidelines. He is an attorney admitted to the Bar in New York and in Israel and consults the Israeli government, data protection authority and private sector businesses on privacy, data protection and law and technology issues. 

Mr. Tene earned J.S.D. and LL.M. degrees from New York University School of Law, an M.B.A. from INSEAD, and LL.M. and LL.B. degrees from Tel Aviv University. 

Jules Polonetsky / Future of Privacy Forum
Jules Polonetsky serves as Director and Co-chair of the Future of Privacy Forum (FPF), a Washington, D.C.-based think tank that seeks to advance responsible data practices. FPF’s current projects to advance transparency and control in a business-practical manner focus on online data use, smart grid, mobile data, apps and social media. Mr. Polonetsky formerly served as AOL’s Chief Privacy Officer and SVP for Consumer Advocacy, in which he was responsible for ensuring that AOL’s users could trust the company with their information and for educating employees about best practices for advertising, content, and product development. 

Mr. Polonetsky has served on the boards of a number of privacy and consumer protection organizations including TRUSTe, the International Association of Privacy Professionals, the Privacy Committee of the Direct Marketing Association, the Children’s Advertising Review Unit of the Council of BBB’s, the Better Business Bureau (NY Region), and the Network Advertising Initiative. From 2000-2002, he chaired the CPO Council of the Internet Advertising Bureau. 

Mr. Polonetsky holds degrees from New York University School of Law and Yeshiva University. 

Winston Maxwell / Hogan Lovells
Winston Maxwell is one of the leading media, communications and data protection lawyers in France. His practice covers three principal areas: 

Telecommunications and Internet:  Mr. Maxwell advises public and private sector clients in the telecommunications and internet industry on corporate, commercial, regulatory and litigation matters. He recently co-authored a report for the European Commission on the adoption bill & keep charging mechanisms for the exchange of IP traffic, and a report for the French regulatory authority ARCEP on the regulatory treatment of over-the-top services, cloud computing services and content delivery networks (CDNs). Mr. Maxwell advises mobile and fixed operators, Internet service and applications providers, directory providers, paging operators, and regulators. 

Media and entertainment:  French and international motion picture producers, distributors and channel providers seek Mr. Maxwell's advice on commercial contracts, M&A, production and co-production agreements, agreements with talent, IFTA arbitrations, and regulatory questions linked to channel licenses, new technologies, connected TV and VOD. 

Data protection and privacy:  Mr. Maxwell has testified before several parliamentary committees in France on reform of data protection legislation, and represented clients in lobbying efforts before the European Commission in connection with reform of EU data protection rules. He advises clients on cross-border discovery, implementation of compliance and whistleblowing programs across multiple jurisdictions, handling data breaches, fraud and employee theft of data. He has advised on "privacy by design" in the context of smart grid projects, and on European data protection compliance for innovative Internet applications and services (geolocation, content recognition technologies, and tools used by Internet advertising networks). 

Mr. Maxwell earned a J.D. from Cornell University Law School and a B.A., with highest honors, from Oregon State University.

This program is CLE-credit eligible. 

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator. 

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to Lindsey Pace, CLE Accreditations Coordinator, or email us at  accreditations@bna.com . 

Questions

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at  http://www.abanet.org/cle/mandatory.html .