Gail Crawford

Gail Crawford

Latham & Watkins LLP

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Senior MP Calls for Regulatory Crackdown on Banks’ IT Systems: 3 Things You Can do to Prepare

The recent cyberattack on Tesco Bank’s IT systems has prompted Rt Hon. Andrew Tyrie MP, Chairman of the Treasury Committee, to call on regulators to take action against vulnerable bank IT systems... ...more

12/6/2016 - Banking Sector Cyber Attacks General Data Protection Regulation (GDPR) Information Technology Outsourcing Regulatory Agenda UK

China Issues Its First Network Security Law

The Standing Committee of the National People’s Congress of the People’s Republic of China (PRC) has introduced China’s first and comprehensive Network Security Law (also referred to as Cybersecurity Law). The law will have...more

11/30/2016 - China Cybersecurity Personal Data Proposed Regulation

China Issues Its First Network Security Law

The law will have far-reaching implications for parties that utilize the Internet and handle network data and personal information in the PRC. On November 7, 2016, the Standing Committee of the National People’s Congress...more

11/22/2016 - China Cybersecurity Data Security Electronically Stored Information Network Security Personally Identifiable Information

Prevent and Prepare for a Cybersecurity Breach

Hacking of organizations’ systems is becoming increasingly commonplace, even with advancements in security practices. To mitigate risk, a company must have an enterprise-level, cross-functional incident response plan that is...more

11/22/2016 - CISO Cybersecurity Data Protection Hackers Risk Assessment

Mitigating Cybersecurity Risks

Hacking of organisations’ systems is becoming increasingly commonplace, even with advancements in security practices. To mitigate risk, a company must have an enterprise-level, cross-functional incident response plan that is...more

11/10/2016 - Cybersecurity Data Breach Risk Management Security and Privacy Controls

5 Preventative Steps to Manage Legal Risk Following a Cybersecurity Breach

Preparing for and rehearsing how to respond to a breach is as important as improving security systems and protocols. Hacking of organizations’ systems is becoming increasingly commonplace, even with advancements in...more

11/9/2016 - Best Practices Cyber Attacks Cybersecurity Risk Assessment Risk Management

Anonymous or Not: Court of Justice Issues Ruling on IP Addresses

On October 19, 2016, the Court of Justice of the European Union (CJEU) issued a ruling on the question of whether IP addresses constitute personal data. The ruling has direct implications on the general question of when data...more

10/20/2016 - Anonymity CJEU Disparate Impact EU General Data Protection Regulation (GDPR) IP Addresses Personal Data

Digital Single Market: An Overhaul for Telecoms Regulation

State of the European Union address on September 14 reveals European Commission’s next proposed steps in its Digital Single Market initiative. Jean-Claude Juncker announced the results of the European Commission’s (the...more

10/3/2016 - Digital Single Market EU European Commission Internet Service Providers (ISPs) Telecommunications

European Commission Adopts New EU Copyright Rules

The Commission’s proposals aim to reform EU Copyright laws as part of its package of proposals towards an EU Digital Single Market. On 14 September 2016 the European Commission (the Commission) adopted new proposals for...more

9/16/2016 - Broadcasting Copyright Digital Single Market EU

New EU Data Protection Rules Move the M&A Goalposts

After over four years of debate, the General Data Protection Regulation (GDPR) recently came into force, taking effect after a two year transition period, i.e. from 25 May 2018. The GDPR introduces a rigorous and far-reaching...more

8/8/2016 - Acquisitions Due Diligence EU General Data Protection Regulation (GDPR) International Data Transfers Mergers Multinationals

BREXIT – What does this mean for UK Data Protection law?

As the whole world now knows, the UK voted to leave the European Union (EU) in its historic referendum on 23rd June by a vote of 51.9 percent in favour of “leave” to 48.1 in favour of “remain”. This blog focusses on how that...more

6/28/2016 - Binding Corporate Rules EEA EFTA EU Extraterritoriality Rules General Data Protection Regulation (GDPR) International Data Transfers Member State Referendums Standard Contractual Clauses UK UK Brexit UK Data Protection Act

Europe Counts Down to the General Data Protection Regulation

Businesses have two years to comply with Europe’s new privacy regime. On 24 May 2016, after more than four years of debate, the General Data Protection Regulation (GDPR, or the Regulation) enters into force. The GDPR...more

5/25/2016 - Binding Corporate Rules Cyber Incident Reporting Data Controller Data Processors EU EU Data Protection Laws General Data Protection Regulation (GDPR) International Data Transfers Member State Parental Consent Personal Data Privacy Policy Recordkeeping Requirements Standard Contractual Clauses

What You Need to Know About the Cybersecurity Act of 2015

Legislation may change the way government and the private sector collaborate on cybersecurity. After years of vigorous debate and numerous false starts, in the closing hours of its 2015 session, the US Congress...more

2/19/2016 - Cyber Attacks Cyber Threats Cybersecurity Information Sharing Act (CISA) Cybersecurity National Action Plan (CNAP) DHS NCCIC Private Sector Public Sector

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

2/5/2016 - Article 29 Working Party (WP29) Binding Corporate Rules EU EU-US Privacy Shield European Commission European Court of Justice (ECJ) International Data Transfers Ombudsman Personal Data Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

MEPs Agree to Europe’s First-Ever EU Cybersecurity Law

On December 7th, members of the European Parliament (MEPs) and the Luxembourg Presidency of the EU Council of Ministers provisionally agreed to the text of the long awaited network and information security directive also...more

12/14/2015 - Cyber Attacks Cyber Incident Reporting Data Security EU EU Cybersecurity Directives Network Security

Technology, Media and Telecommunications Review – UK

The establishment of the Office of Communications (Ofcom) and the entry into force of the Communications Act 2003 (Act) fundamentally altered the UK communications landscape. The Act mirrored the technological neutrality of...more

12/8/2015 - Digital Media Technology Sector Telecommunications UK

European Data Protection Authorities Grant Grace Period Until End of January 2016

The so called Article 29 Working Party met on October 15, 2015 to discuss the consequences of the Schrems Judgment of the European Court of Justice (ECJ). On October 16, 2015, the Working Party published a Statement...more

10/19/2015 - Article 29 Working Group Binding Corporate Rules Data Protection Authority EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Legislative Agendas Member State Model Contracts Schrems v Data Protection Commissioner

European Court of Justice: Safe Harbor Decision Is Invalid!

On October 6, the European Court of Justice ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from...more

10/7/2015 - Binding Corporate Rules Data Protection Authority EU EU Data Protection Laws EU Directive European Commission European Court of Justice (ECJ) FTC International Data Transfers Member State Model Contracts US-EU Safe Harbor Framework

English High Court Declares UK Legislation Expanding Government Powers to Retain and Intercept Data Unlawful

The English High Court has declared that UK legislation which expanded government powers to require communication providers to retain communication traffic data is incompatible with human rights, and is unlawful. The...more

8/13/2015 - Administrative Authority Data Collection Data Retention European Court of Justice (ECJ) Human Rights Law Enforcement New Legislation Telecommunications UK Wireless Industry

The General Counsel’s Role Before and After a Data Breach Incident

“It is often said that there are two kinds of companies out there — those that have suffered a data breach and those that will have one,” said Latham & Watkins partner Kevin Boyle. “So it makes a lot of sense to be prepared...more

10/7/2014 - Corporate Counsel Cybersecurity Data Breach Popular Risk Assessment Risk Management

5 Ways to Protect your Business from a Cyber Attack

Global cyber-attack threats stand at the highest ever recorded level, jumping 14 percent from 2012 to 2013 (Cisco 2014 Annual Security Report). Furthermore, a recent Microsoft Security Intelligence Report found that operating...more

9/11/2014 - Cybersecurity Data Protection Popular

Emergency UK Legislation Expands Government Powers to Retain and Intercept Data

On July 17th, the Data Retention and Investigatory Powers Act (“DRIP”) came into effect in the United Kingdom reinstating the Government’s powers to require communication providers to retain traffic data (also known as...more

8/19/2014 - Data Retention Digital Communications National Security New Legislation UK

The "Right to be Forgotten" Landmark Decision: Beyond the Headlines

While the popular press has been full of stories about the European Court of Justice’s (“ECJ”) ruling creating a “right to be forgotten” (ahead of the still pending Data Protection Regulation), we will focus on both the...more

5/22/2014 - Data Protection EU Google Internet Right to Be Forgotten Right to Privacy Search Engines

Cybercrime Loses Its Right to Silence

In 2012, the director gen¬eral of MI5 revealed that a London-listed company had lost £800 million as a result of a state-backed cyber at¬tack. The company in question has not been publicly identified and no disclosures were...more

3/28/2014 - Cyber Attacks Cybersecurity Data Protection UK

Looking Outside the Prism: How Safe are Data Transfers?

When former NSA contractor, Edward Snowden, leaked documents disclosing the NSA’s mass surveillance programme, known as PRISM, he re-invigorated the debate on, and the media interest in, the validity of the current safeguards...more

1/7/2014 - Cybersecurity Data Breach Data Protection NSA

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