John Hannan & Laura Scampion| DLA Piper
Workshop Title: Managing data protection and privacy risk in the context of commercial strategy: dealing with cross-border issues for big data
This workshop will focus on how data assets can be exploited to the fullest extent, including for businesses needing to utilise personal information across borders, without creating an undue risk exposure for the business in those jurisdictions where specific regulatory controls apply..
As businesses go up the digitisation curve, many opportunities present themselves to engage more deeply with clients/customers, offer much added value, personalise offerings, and in many other ways utilise personal information gathered from the client/customer to potentially create new revenue streams.
This creates both legal and reputational risk in the event of data breaches, or the use of personal information in ways objected to by clients/customers. Notorious data breaches in overseas jurisdictions have cost organisations such as HSBC and Zürich insurance millions of pounds.
Maintaining integrity and confidentiality of customers’ data is a critical element of trusted brand status – trust that can be quickly eroded through poor data handling practices, or a data breach leading to enforcement action or adverse publicity/reputational impact.
This set of issues is compounded when a New Zealand domiciled business collects data from overseas clients/customers, or has data collection, processing or storage operations which are themselves based in overseas locations. Compliance not just with New Zealand legislation but with the data protection/privacy law regimes in locations where the data subject resides, or where data is stored or collected or processed, may be required. Some of these regimes have extremely onerous requirements, and severe penalties in the event of breach.
There are also market practices and consumer protection, and e-commerce issues, separate from data protection and privacy, that must be considered.
This workshop will explore these issues, and steps and techniques organisations can take to minimise risk while at same time effectively achieving the maximum possible value from the big data available to them.
The workshop will be facilitated by John Hannan and Laura Scampion, both partners at DLA Piper Auckland. John carries out assignments for many clients, including major New Zealand corporates who operate internationally, and overseas-based corporates looking to operate in New Zealand, in relation to data protection and privacy. Laura has international legal advice experience on international mobility projects which involved advising clients on the privacy and transfer of employee data and the transfer of employee/assignee information between home and host country.