March 2, 2021

Volume XI, Number 61

2021 Japan Seminar Session 5: Advances in International Data Privacy and Cybersecurity

Our 9th McDermott International Japan Seminar will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person, we didn't want to miss the opportunity to connect with you on the latest legal topics affecting Japanese companies.

The virtual event series will explore US trade policy, global mergers and acquisitions, the US healthcare market, intellectual property, international data privacy / cybersecurity, white collar enforcement and cross border compliance related topics, with a significant focus on what Japanese companies can expect from the Biden Administration.

Our McDermott panelists not only include our seasoned lawyers on Japanese business issues, but also Dean Pinkert, a former commissioner of the US International Trade Commission, nominated by President George W. Bush and confirmed by the US Senate in 2007, and Caitlyn Campbell, a former US Securities & Exchange Commission (SEC) Enforcement Attorney, and several other former government officials and prosecutors.

Join us for what promises to be an engaging series as we dig into the issues at hand and highlight what to consider next for your business.

In this episode, we will discuss developments in global data privacy and cybersecurity.

Topics include:

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Transfer of personal data from the European Economic Area (EEA) after the Schrems II decision

  • Schrems II Judgment Range: Relationship with GDPR Regulations on Cross-Border Relocation
  • Impact of Schrems II Judgment on Japanese Business
  • Practical points when conducting a relocation impact assessment

Prospects for US Federal Privacy Law enactment under CCPA, CPRA and Biden administrations

  •  California enacts comprehensive privacy law
  •  Prospects for US Federal Privacy Law Enactment Under Biden Administration
  • Investigate and enforce FTC data privacy and security practices

UK data privacy after Brexit

  • The impact of Brexit on data privacy between the UK and the EU
  • Data privacy aspects of the UK-Japan trade agreement
  • Development of a robust mechanism for global relocation

Management of data breaches across multiple jurisdictions

  •  Analytical review of regulatory enforcement policies against data breaches and cybersecurity
  • Evaluation of risk exposure of Japanese companies
  • Basic policy for dealing with data breaches and cyber attacks under multiple jurisdictions

Personal data transfers from the EEA post- Schrems II

  • Scope of Schrems II with regard to GDPR's rules on cross border transfer
  • Implications of Schrems II on Japanese businesses
  • Practical tips on how running a Transfer Impact Assessment

CCPA, CPRA and prospects for a US federal privacy law under the Biden administration

  • California enacts comprehensive privacy law
  • Prospects for US federal privacy law under Biden Administration
  • FTC increasingly aggressive investigation and enforcement of data privacy and security practices

UK data privacy after Brexit

  • Implications of Brexit on EU-UK data privacy
  • Data privacy aspects of the UK-Japan Trade Deal
  • Developing robust mechanisms for global transfers
  • Management of multi-jurisdictional data breaches
  • Scrutiny on Regulators' data breach and cybersecurity enforcement policies
  • Assessment of risk exposure for Japanese businesses
  • Action plan to handle multi-jurisdictional data breaches and cyber attacks
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