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Data Protection & Privacy

We provide businesses with full service data protection and privacy advice across all industry sectors, enabling clients to focus their resources on other business needs.

Data privacy and protection is absolutely fundamental to all types of organisation due to the increasing threat of malicious hackers with the ability to leverage and monetise information.

Multi-national organisations face a web of complex and conflicting laws and regulations surrounding the collection, use, retention, and disclosure of information.

This requires careful attention to data privacy at every stage of the business cycle to avoid the negative publicity surrounding data breaches.

Our team brings together a wealth of experience across a range of sectors and industries to keep you on the cutting edge of developments in the industry. Our strong working relationships with the regulators and industry bodies enable us to resolve issues and provide practical commercial advice.

We advise a wide range of businesses including retailers, insurers, hospitals, information service providers, technology start-ups, financial institutions, educational institutions and governments across the world on the full range of data issues.

Our Data Protection Work

  • All
  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Compliance with local and international data protection and privacy legislation

    Advising clients on their compliance with local and international data protection and privacy legislation, in particular in relation to the legal requirements relating to security of personal information, in the event of a data breach

    Australia

    Internal data sharing security and management policies

    Advising international reinsurance company on internal data sharing security and management policies

    Australia

    Advice on data protection for online sales

    Advising on data transfer, data protection and privacy in relation to the sale of an online portal and the spin-out of certain other online businesses

    United Kingdom

    Advice regarding data policy implementation

    Advising on and drafting cyber policy wordings for the London market

    United Kingdom

    Advice regarding handling of consumer data breach

    Advising US insureds and insurers with respect to the handling of consumer lawsuits arising from data breaches

    United States

    Advice relating to data storage and disaster recovery

    Advising clients on the international transfer of data for the purposes of data storage and disaster recovery

    United Kingdom

    Advising clients on compliance with the new EU General Data Protection Regulation

    Clyde & Co acts for a number of airlines in respect of their data protection compliance, often carrying out large scale compliance projects regarding the protection and use of personal data and general data and document retention. These complex projects involve analysing the collection and processing of personal data of an airline and ensuring that the airline is compliant with UK laws in this area including reviewing current agreements and policies in place and drafting appropriate data...

    United Kingdom

    Advising clients on the ‘breach readiness’ of their systems

    Advising insurance and financial services clients on the review and audit of their systems and processes to ensure procedures are in place to detect, report and investigate personal data breaches

    Australia

    Advising high profile insureds and insurers regarding federal and state law requirements

    Advising high profile US insureds and insurers with respect to federal and state law requirements in connection with large scale breaches involving personal information and protected healthcare information

    United States

    Advising on cyber hacking and loss of customer data

    Advising a regulated business on the cyber hacking of its systems resulting in the loss of significant numbers of customer data including financial, sensitive personal data and credit card details, including identifying and assessing the risks, managing and mitigating loss and monitoring and reporting to the FCA, Fraud Squad and Information Commissioners Office

    United Kingdom
  • Ensuring compliance of law relating to cyber risk insurance

    Advising a Canadian insurer on cyber risk insurance wordings for use in the province of Quebec and compliance with Quebec law

    Canada

    International data breaches

    International data breaches involving Fortune 100 companies and residents in numerous countries

    United States

    Data breaches arising from human or external error

    Data breaches involving protected healthcare information (PHI) arising from both human error and external intrusions

    United States

    Business loss cause by service attack

    A distributed denial of service attack, which caused the website of a major retailer to shut down for nearly 72 hours, leading to business interruption loss and other first party loss

    United States

    Coverage and monitoring counsel to cyber insurers

    Coverage and monitoring counsel to cyber insurers in connection with the largest data breaches in history, including breaches involving over one hundred million lost records and cutting edge forensic investigations, which have resulted in substantial breach response costs, public relations expenses and business interruption losses, as well as class action lawsuits in the US and Canada, and regulatory investigations throughout the world

    United States

    Advising high profile insureds and insurers regarding federal and state law requirements

    Advising high profile US insureds and insurers with respect to federal and state law requirements in connection with large scale breaches involving personal information and protected healthcare information

    United States

    Assist regarding the issuance of breach notification letters

    Advising US insureds and insurers with respect to the issuance of breach notification letters in connection with data breaches

    United States

    Advice regarding handling of consumer data breach

    Advising US insureds and insurers with respect to the handling of consumer lawsuits arising from data breaches

    United States

    Advising regarding regulatory investigations by the OCR etc

    Advising US insureds and insurers with respect to regulatory investigations by the OCR and various state attorneys general following data breaches

    United States

    Advising on matters involving significant breaches of personally information

    Analysing available coverage and advising insurers and insureds involved in significant breaches of personally identifiable information and/or protected health information regarding coverage and/or coverage limitations in connection with first party, regulatory and third party claims

    United States
  • Advising clients on the ‘breach readiness’ of their systems

    Advising insurance and financial services clients on the review and audit of their systems and processes to ensure procedures are in place to detect, report and investigate personal data breaches

    Australia

    First response to data breaches and cyber threats

    Advising clients with regards to first response to data breaches and cyber threats, including in relation to cyber breaches, systems failures and inadvertent disclosures

    Australia

    Major government and regulatory inquiries/investigations

    Managing major government and regulatory inquiries/investigations with expertise in dealing with all of the main Australian regulators including APRA, ASIC, ACCC and the OAIC

    Australia

    Data protection and privacy legislation

    Advising clients on their compliance with local and international data protection and privacy legislation

    Australia

    Post breach review

    Advising international financial services company on post breach review and enhancement of deficient systems, and in relation to staff training and awareness of systems and obligations

    Australia

    Internal data sharing security and management policies

    Advising international reinsurance company on internal data sharing security and management policies

    Australia

    Compliance with local and international data protection and privacy legislation

    Advising clients on their compliance with local and international data protection and privacy legislation, in particular in relation to the legal requirements relating to security of personal information, in the event of a data breach

    Australia
  • Data protection legislation across the Middle East

    Advising clients in respect of data protection legislation applicable in various jurisdictions in the Middle East, including the Dubai International Financial Centre, Qatar Financial Centre, Dubai Healthcare City, Dubai Technology and Media Free Zone and twofour54

    United Arab Emirates

    Online product compliance with GCC data protection laws

    Advising a leading, household name technology company in relation to the compliance of its online products with data protection laws in various GCC countries.

    United Arab Emirates

    Employee monitoring policy in the DIFC

    Advising a multinational bank on its policy for employee monitoring in the DIFC.

    United Arab Emirates

    UAE focused data protection policy for leisure company

    Drafting a UAE focused data protection policy for a major hospitality and leisure company

    United Arab Emirates

    Significant data breach and employee disclosure

    Advising a telecommunications hardware provider in relation to a significant data breach involving the disclosure of sensitive employee data

    United Arab Emirates

    CCTV in the office

    Advising companies on the use of CCTV in office premises in various Emirates and free zones in the UAE

    United Arab Emirates

    International bank's data protection in the UAE

    Advising an international retail bank on aspects of data protection, privacy and banking secrecy laws in the UAE and the DIFC

    United Arab Emirates

    DIFC data protection laws and regulations

    Advising various ratings agencies and retail banks on the DIFC Data Protection Law and Regulations

    United Arab Emirates

    Data protection law compliance audit

    Carrying out a data protection law compliance audit of a major insurer, including preparing questionnaires, interviewing personnel and preparing a report with recommendations and actions for the business to mitigate the identified risks

    United Arab Emirates

    University students phishing attack

    Advising a university following a high profile phishing attack against its students’ university email addresses

    United Arab Emirates
  • Advice on data protection for online sales

    Advising on data transfer, data protection and privacy in relation to the sale of an online portal and the spin-out of certain other online businesses

    United Kingdom

    Advice regarding data policy implementation

    Advising on and drafting cyber policy wordings for the London market

    United Kingdom

    Advice relating to data storage and disaster recovery

    Advising clients on the international transfer of data for the purposes of data storage and disaster recovery

    United Kingdom

    Advising clients on compliance with the new EU General Data Protection Regulation

    Clyde & Co acts for a number of airlines in respect of their data protection compliance, often carrying out large scale compliance projects regarding the protection and use of personal data and general data and document retention. These complex projects involve analysing the collection and processing of personal data of an airline and ensuring that the airline is compliant with UK laws in this area including reviewing current agreements and policies in place and drafting appropriate data...

    United Kingdom

    Advising on cyber hacking and loss of customer data

    Advising a regulated business on the cyber hacking of its systems resulting in the loss of significant numbers of customer data including financial, sensitive personal data and credit card details, including identifying and assessing the risks, managing and mitigating loss and monitoring and reporting to the FCA, Fraud Squad and Information Commissioners Office

    United Kingdom

    Advising regarding email data breaches

    Advising a university following a high profile phishing attack against its students’ university email addresses

    United Kingdom

    Cyber liability & data breach insurance policies

    Providing review and drafting of policy wordings for cyber liability and data breach insurance policies

    United Kingdom

    Data & information management

    Advising in regards to data and information management, including compliance, auditing and risk management

    United Kingdom

    Data dispute resolution

    We are highly experienced in data dispute resolution, including court, tribunal and enforcement representations

    United Kingdom

    Data privacy & security advice

    Advising on data privacy and security including data breach investigation and response

    United Kingdom

Our Data, Protection & Privacy team

Lee Astfalck
Lee Astfalck

Partner

Nicholas Bathurst
Nicholas Bathurst

Partner

Richard Berkahn
Richard Berkahn

Partner

Scott Bertschi
Scott Bertschi

Partner

Mark Beswetherick
Mark Beswetherick

Partner

Ian Birdsey
Ian Birdsey

Partner

Harry Boyle
Harry Boyle

Partner

Anthony Brown
Anthony Brown

Partner

Chris Burdett
Chris Burdett

Partner

Fergal Cathie
Fergal Cathie

Partner

Joyce Chan
Joyce Chan

Partner

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