Webinar date: Tuesday 10 September 2019 at 3:00pm BST / 10:00am EST
At FRA, we have long been advocating adopting a highly circumspect and nuanced approach to data governance, particularly in the context of responding to regulatory and white collar investigation and litigation. Since our founding 20 years ago, we have been navigating the gamut of challenges surrounding the identification, collection, analysis and, ultimately the transfer of international data, which is often of a very sensitive nature.
Blocking statutes, banking secrecy and data protection are not new concepts but now, more than ever, the challenges that are crystalizing due to geopolitical shifts of the Brexit type, must be carefully assessed and responded to. We know all too well that the life-cycle of an investigation or multi-jurisdictional litigation can frequently last up to many years, so the strategic decisions made at the outset, that only take into consideration the “now” and do not anticipate where future pitfalls may lie, can be very costly.
During this webinar, the speakers will discuss some of the most pertinent questions and trends relating to data governance, transfer and protection in the context of today’s strict and often conflicting regulatory global environment, including:
- Brexit – threatens to leave the UK in a no-mans-land of data protection, potentially viewed by EU regulators as having a data protection environment that, like the US, doesn’t provide sufficient protections;
- GDPR – one year after implementation, the realization and potential of huge fines for GDPR non-compliance;
- Clarifying Lawful Overseas Use of Data (CLOUD) Act – the impact of US law allowing federal law enforcement to require US-based technology companies to provide data stored on their servers, regardless of whether the data is stored in the US or on foreign soil – which is in direct conflict with not only GDPR, but other data protection laws globally;
- Chinese Cyber Law – corporates exposed to ad hoc audits and the requirement that critical data reside in China thereby posing very real IP theft threats as well as exposure to criminal liability under Chinese law;
- Increased global enforcement of Financial Services organizations – with a focus on anti-money laundering, counter terror financing and sanctions – requiring highly sophisticated analysis of regulatory and contractual requirements for internal and external investigators which also poses extraordinary data access, analysis, and assessment challenges; and
- Issues of complex data transfer including navigating blocking statutes, data protection and banking secrecy.
Our experts will share concrete examples of how FRA has helped companies navigate changing regulation and cross-border, cross-jurisdictional data governance, transfer and protection challenges. We will also cover technical solutions available to companies to maintain data control faced with cross-border and cross-jurisdictional investigations, including:
- Forensic collections and Chain of Custody;
- Hosting data in jurisdiction or using a mobile in-country solution to include air gap solutions, on client site/behind client fire walls, etc.;
- Eliminating non-responsive, privileged, confidential or private materials and those responsive to state secrecy, national security and other jurisdiction specific requirements;
- Redacting sensitive communications and safeguarding highly sensitive and valuable data;
- Management of work flows to ensure compliance with applicable regulations and to assuage client concerns re data access, data retention and security; and
- Cross border deduplication and other bespoke data culling methodologies.
This webinar will provide informative insights and practical considerations that can be undertaken to mitigate the many risks associated with multi-jurisdictional data governance, transfer and protection. You will have the opportunity to understand how FRA approaches these challenges on behalf of their clients across continents.