The Data Chronicles

The Data Chronicles

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Welcome to Hogan Lovells’ The Data Chronicles, brought to you by the firm’s global Privacy and Cybersecurity practice. This multimedia series is dedicated to the ever-changing legal and regulatory developments in the world of data, privacy, and cybersecurity. Join us as we unravel and unpack various regulatory frameworks and legal developments around the globe. The Data Chronicles will provide: In-depth Insights: Our videos and podcasts feature interviews hosted by Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, with leading privacy, cybersecurity, data and other professionals at the forefront of their fields. We’ll share their insights, experience, and practices related to legal issues that cut across legal disciplines, geographies and regulatory regimes. Trending Topics: Stay up-to-date with the latest developments in privacy, data protection, cybersecurity, data challenges, and emerging technologies. We analyze the implications of these trends and offer insight useful to you and your organization.

Hogan Lovells


    • May 22, 2025 LATEST EPISODE
    • weekly NEW EPISODES
    • 33m AVG DURATION
    • 90 EPISODES


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    Latest episodes from The Data Chronicles

    The CCPA emerges as a new legal battleground for web tracking litigation

    Play Episode Listen Later May 22, 2025 31:13


    Imagine if the tiny tracking code behind personalized ads and website recommendations were suddenly considered unlawful.   That's exactly what's happening in the growing legal battle over cookies and tracking pixels across the country with new fronts opening.   In this episode of The Data Chronicles, we examine plaintiffs' efforts to expand the web tracking litigation battleground by claiming that unconsented use of web trackers constitutes a data breach under the California Consumer Privacy Act (“CCPA”), which entitles comes with statutory damages and a private right of action.   Scott Loughlin is joined by Hogan Lovells litigators Aidan Coleman and Jay Ettinger to break down the legal implications of new case law on this issue and discuss what's at stake for the internet as we know it.

    AI issue spotting | Navigating regulatory challenges and opportunities in medical devices

    Play Episode Listen Later May 14, 2025 36:22


    AI is reshaping the future of medical devices, but innovation brings complexity.   In this episode of AI Issue Spotting, Scott Loughlin is joined by fellow Hogan Lovells Medical Device and Technology partners Michael Heyl and Jodi Scott to explore the challenges companies face as AI begins to monitor medical device performance, diagnose conditions, and even deliver patient care. From regulatory hurdles to liability risks, they discuss how medical device manufacturers can navigate this rapidly evolving space.   With AI blurring the lines between traditional medical devices and new digital solutions, the discussion highlights what medical device businesses need to know to stay compliant and innovative.

    The Data Chronicles | Geopolitics and the changing landscape of digital regulation

    Play Episode Listen Later May 1, 2025 43:03


    Geopolitics is radically shaping the world of data, privacy, and digital regulation. In this special episode of The Data Chronicles, recorded live at the IAPP Global Privacy Summit 2025, Scott Loughlin and Eduardo Ustaran, global co-heads of Hogan Lovells' Data, Privacy and Cybersecurity practice unpack the most pressing conversations from the first quarter of 2025, where shifting political tides are reshaping the global data and privacy landscape. From regulatory upheavals to cross-border data tensions, Scott and Eduardo offer sharp insights into how today's geopolitical currents are redefining the future of digital regulation.

    The future of health privacy policy in the U.S.

    Play Episode Listen Later Apr 24, 2025 33:57


    Health privacy policy is moving fast in the U.S. In this episode of The Data Chronicles, Scott Loughlin is joined by Jordan Wrigley, a data and policy analyst at the Future of Privacy Forum, to discuss the future of current and future state of health privacy policy in the U.S.   They explore the distinction between healthcare and consumer health AI, current legislative approaches, and key regulatory themes like transparency and standard of care.   Join discussion to hear where health policy is today and where we are going.

    Data Protection in the Asia Pacific region | Trends, enforcement, and what's ahead

    Play Episode Listen Later Apr 17, 2025 25:38


    In this episode of The Data Chronicles, host Scott Loughlin is joined by Charmian Aw, a partner in the firm's Singapore office, to explore the current state of data protection law across the Asia Pacific region. As countries throughout the region ramp up regulations around privacy, cybersecurity, incident response, and AI, it has become increasingly difficult for organizations to keep pace with the rapid developments. Together, Scott and Charmian provide a timely update on recent trends, enforcement activity, and what the future may hold for data governance in this complex and evolving landscape.

    AI issue spotting | AI's growing impact on U.S. antitrust regulation

    Play Episode Listen Later Apr 10, 2025 38:06


    With artificial intelligence rapidly reshaping industries, its implications for competition law are becoming more significant than ever. This episode of AI Issue Spotting dives into the evolving relationship between AI and antitrust law in the United States, under the new administration and more broadly.   As AI continues to disrupt markets, understanding its influence on mergers and acquisitions, consumer protection, and competition is crucial. Scott Loughlin is joined by Logan Breed and Chris Fitzpatrick, senior leaders from Hogan Lovells' global antitrust and competition team, to discuss how AI is transforming legal frameworks and what it means for businesses navigating this new frontier.

    AI issue spotting | AI agents' data privacy and governance considerations

    Play Episode Listen Later Apr 3, 2025 40:27


    As AI agents become more integrated into business operations and products, understanding their impact is crucial.   In this episode of AI Issue Spotting, Scott Loughlin is joined by Daniel Berrick, Senior Policy Counsel for Artificial Intelligence at the Future of Privacy Forum, to break down the growing significance of AI agents. They explore key questions around how AI agents function, their risks to data privacy and security, and the challenges they pose in terms of alignment and accuracy. Scott and Daniel discuss the novel issues surrounding data collection, disclosure, and the need for explainability and oversight as AI agents continue to evolve.

    Unlocking the EU Data Act | What it means for connected products and related services

    Play Episode Listen Later Mar 27, 2025 39:22


    With the EU Data Act, the landscape of connected products and the allocation of rights to product data is set to change.   This episode of The Data Chronicles is the final installment in a three-part series on the EU Data Act, turning the spotlight onto connected products and related services. Scott Loughlin is joined by Christian Tinnefeld, a partner at Hogan Lovells' Hamburg office, and together they dive into how the new law will affect everything from smart devices to wearables, from IoT to medical products.   They explore key parts of the Act, highlighting the impact on data access, privacy, and product development. With deadlines fast approaching, they also discuss the steps businesses must take to navigate this shift and the challenges and opportunities it brings.

    Unlocking the EU Data Act | Impact on cloud providers and cloud users

    Play Episode Listen Later Mar 20, 2025 26:59


    The EU Data Act is set to reshape the cloud computing landscape in the EU, but what does it mean for cloud providers and users in practice? That is the question this episode of The Data Chronicles seeks to answer.   Scott Loughlin continues the discussion on the EU Data Act with Henrik Hanssen, counsel from Hogan Lovells' Hamburg office, to explore how the cloud switching and interoperability requirements under the EU Data Act will affect cloud service product design, customer agreements and cloud business models. As cloud providers face the need to adapt, Scott and Henrik break down the challenges and opportunities that come with this significant regulatory shift.

    Unlocking the EU Data Act | What you need to know

    Play Episode Listen Later Mar 13, 2025 52:28


    The EU Data Act is set to transform the digital economy—but what does that mean for businesses?   In the first episode of our three-part series, host Scott Loughlin is joined by Hogan Lovells colleagues, Christian Tinnefeld, partner, and Henrik Hanssen, counsel to break down the Act's key provisions, its impact on cloud computing, connected products, and data-sharing obligations, and what companies must do to comply before the looming deadlines. From data mapping to contract renegotiations, they explore the challenges and opportunities businesses must navigate.   Tune in for a practical guide to understanding one of Europe's most significant digital regulations.

    The AI dilemma | Balancing GDPR and innovation in the EU

    Play Episode Listen Later Mar 6, 2025 38:15


    The Data Chronicles, a multimedia series from Hogan Lovells' global Data, Privacy and Cybersecurity practice, is exploring EU data protection regulations in this episode.   Scott Loughlin is joined by Etienne Drouard, partner at Hogan Lovells in France and a former officer at the CNIL, to discuss the CNIL's unique guidelines on AI models and individuals' rights and whether they signal a need for a unified EU approach. They examine challenges in aligning GDPR with AI and defining AI models' boundaries, while some EU regulators focus on training data, and others on outputs' regulation. The discussion also covers the speed of coordination between regulators and what businesses can expect as AI integration accelerates.

    Data protection in Latin America | Where we are and where we are headed

    Play Episode Listen Later Feb 26, 2025 32:04


    The Data Chronicles is checking in on the status of data protection law in Latin America. Whether it's privacy, cyber, or AI, there is a lot going on throughout the region. Join host Scott Loughlin and fellow Hogan Lovells partner Guillermo Larrea as they discuss the challenges businesses face when complying with a wide variety of data protection laws, restrictions on cross-border data transfers, and the evolving standards for AI. They also cover topics such as emerging trends in enforcement, the region's unique challenges for legal harmonization, and best practices for managing cybersecurity breaches impacting data subjects and businesses in Latin America.

    Navigating global data transfer restrictions | U.S., EU, and China

    Play Episode Listen Later Feb 13, 2025 48:20


    As global data transfer rules continue to evolve, Scott Loughlin is joined by fellow Hogan Lovells lawyers Eduardo Ustaran and Katie McMullan in this episode of The Data Chronicles to unpack the latest developments.   From longstanding US policies and new DOJ rules to Europe's evolving stance, including the impact of the Trump administration and NOYB complaints regarding transfers to China, they cover many important topics.   The trio also discusses the role of Transfer Impact Assessments (TIAs) and offers projections for the future of global data transfer restrictions, providing actionable insights for businesses on how to navigate these changes, including the use of Binding Corporate Rules (BCRs).

    The Data Chronicles | Checking in on India's new data protection law | Where are we headed

    Play Episode Listen Later Feb 6, 2025 27:14


    This episode of The Data Chronicles features a conversation on the latest developments on India's Digital Personal Data Protection Act of 2023. With newly proposed rules providing details on implementation, Scott Loughlin and Stephen Mathias, Partner and head of the Bangalore office of Kochhar & Co and Co-Chair of the firm's Technology Law Practice, break down key requirements, including: the evolving standard for consent, notice obligations across 22 languages, cybersecurity and breach notification mandates, and more. Scott and Stephen also investigate the broader implications for global businesses, including compliance challenges and how multinational companies should prepare.

    AI issue spotting | Emerging practices and challenges in conducting AI impact assessments

    Play Episode Listen Later Jan 29, 2025 40:32


    AI impact assessments are becoming increasingly important as organizations deploy more AI technologies, and this episode of AI Issue Spotting is here to break down why they matter. These assessments help organizations answer critical questions about their AI systems, from how they work to how they address potential legal risks like bias, safety, and privacy. Scott Loughlin is joined by Daniel Berrick, Senior Policy Counsel for Artificial Intelligence at the Future of Privacy Forum, to discuss the latest practices and trends in AI Impact Assessments.

    The FTC's focus location data and the hidden collection of sensitive data

    Play Episode Listen Later Jan 23, 2025 29:44


    The Data Chronicles dives into the recent FTC action against data broker Mobilewalla, which highlights the Commission's continued focus on the collection, use, and disclosure of sensitive consumer data, including by downstream data recipients in the ad tech ecosystem.  Join Scott Loughlin and Hogan Lovells colleague Alaa Salaheldin as they unpack the implications of the FTC action and what it means for the future of data privacy, ad tech and location data.

    AI issue spotting | AI meets ESG | Navigating legal risks in the age of technology

    Play Episode Listen Later Jan 15, 2025 33:52


    Explore the evolving relationship between AI and ESG (Environmental, Social, and Governance) issues in this episode of AI Issue Spotting. As AI technology continues to advance, it brings with it unique legal challenges, particularly in the realm of ESG litigation. Scott Loughlin is joined by David Foster, a partner at Hogan Lovells and leader of the firm's ESG litigation practice. Together, they examine how AI is intersecting with ESG concerns, including emerging legal risks like AI washing, and the future trajectory of ESG-related lawsuits.

    AI issue spotting | California adopts AI Laws focused on health and life sciences

    Play Episode Listen Later Jan 9, 2025 34:44


    Explore the recent updates in U.S. AI laws, focusing on regulations specific to the health and life sciences sector. With the rise of state-level AI legislation, particularly in California, this episode of AI Issue Spotting discusses how these new laws are shaping the regulatory landscape particularly for entities in the health and life sciences sector. Unlike broad, EU-style regulations, these laws are tailored to address sector-specific challenges and use cases, signaling a continued trend of fragmented, patchwork regulations across industries. Scott Loughlin is joined by Hogan Lovells colleagues Jessica Robinson Hanna and Alyssa Golay to examine the implications of these changes for healthcare, data compliance, and AI in general.

    The 2024 year-end review and 2025 predictions episode

    Play Episode Listen Later Dec 19, 2024 49:37


    In this special year-end episode of The Data Chronicles, host Scott Loughlin is joined by Eduardo Ustaran, global co-lead of Hogan Lovells' Privacy and Cybersecurity practice, while they take a deep dive into the key developments of 2024 and offer insights into what's ahead for 2025.   From enhanced regulatory enforcement in the EU to the evolving patchwork of U.S. state privacy laws, they discuss the dynamic challenges shaping the digital landscape. The episode also highlights AI's transformative role, with a focus on privacy implications, governance, and emerging regulations like the EU AI Act. Eduardo shares updates on international data transfer frameworks, while Scott explores the U.S.'s approach to AI innovation and national security concerns surrounding global data flows.   Tune in for one of our favorite episodes of the year, for our analysis and actionable insights on navigating these pivotal changes in data privacy, cybersecurity, and AI governance.

    A matter of national security | U.S. regulation of cross-border data transfers - The impact on the health and life sciences industry

    Play Episode Listen Later Dec 18, 2024 37:45


    Join us for a short series examining the DOJ's recent Notice of Proposed Rulemaking (NPRM) on cross-border data transfers and its potential to reshape global data flows from the US to China and other “countries of concern.”  We'll explore the NPRM's implications for national security, compliance programs, data governance and the unique impact it will have on the health and life sciences sectors. The impact on the health and life sciences industry Finally, in Episode 3, Scott continues the discussion with partner Mike Druckman to explore the unique impact of the proposed rule on the health and life sciences sector, including new standards for sensitive data such as genomic information and biospecimens.

    A matter of national security | U.S. regulation of cross-border data transfers - Global Compliance

    Play Episode Listen Later Dec 18, 2024 31:45


    Join us for a short series examining the DOJ's recent Notice of Proposed Rulemaking (NPRM) on cross-border data transfers and its potential to reshape global data flows from the US to China and other “countries of concern.”  We'll explore the NPRM's implications for national security, compliance programs, data governance and the unique impact it will have on the health and life sciences sectors. Global Compliance In Episode 2, Scott discusses with partners Elizabeth Boison and James Denvil the NPRM's implications for global compliance and data protection programs.

    A matter of national security | U.S. regulation of cross-border data transfers - Overview, Global and Political Shifts

    Play Episode Listen Later Dec 18, 2024 49:13


    Join us for a short series examining the DOJ's recent Notice of Proposed Rulemaking (NPRM) on cross-border data transfers and its potential to reshape global data flows from the US to China and other “countries of concern.” We'll explore the NPRM's implications for national security, compliance programs, data governance and the unique impact it will have on the health and life sciences sectors. Overview, Global and Political Shifts In Episode 1, host Scott Loughlin provides an in-depth overview of the recent NPRM. Later in the episode, Scott is joined by Hogan Lovells partner Ajay Kuntamukkala to discuss the global commercial implication of the proposed rule and its potential impact on global businesses.

    U.S. data protection policy after the 2024 election

    Play Episode Listen Later Dec 12, 2024 38:47


    In this episode of The Data Chronicles, Scott Loughlin leads a timely discussion on the evolving landscape of U.S. privacy regulations in the wake of the 2024 presidential election.   Recorded in December 2024, just weeks after Donald Trump's election victory and the election of a Republican-controlled Congress, this episode explores how shifts in federal leadership could reshape the federal privacy framework. Scott is joined by Hogan Lovells colleagues Mark Brennan, Bret Cohen, and Harsimar Dhanoa. Together, they analyze the implications for businesses and consumers, highlighting the potential changes for privacy laws in the U.S.

    AI issue spotting - AI, consumer protection, and state AG | How consumer protection principles are shaping AI regulation

    Play Episode Listen Later Dec 5, 2024 30:24


    Host Scott Loughlin is joined by Hogan Lovells partner Jason Downs to explore the growing legal challenges surrounding AI and consumer protection, particularly in areas like pricing, hiring, transparency, and bias.  State attorneys general are increasingly focused on how AI systems affect consumers and using their broad authority to pursue alleged AI harms. With penalties for violations potentially reaching US$10,000 per occurrence, proactive risk management is a must.  Tune in to learn how attorneys general across states are considering these issues and how to stay ahead.  

    AI issue spotting | The power play | Exploring energy's role in AI growth

    Play Episode Listen Later Nov 21, 2024 33:22


    Explore the legal challenges at the intersection of AI.  As AI systems become more power-hungry, data centers must meet rising energy demands, raising complex legal and societal questions.  Scott Loughlin is joined by Hogan Lovells partners Chip Cannon and Amy Roma, who share their expertise on how tech and energy companies are addressing these challenges across the U.S. Together, they dive into issues like energy regulation, data center power consumption, and the legal complexities emerging from the growing demand for AI infrastructure.

    One-click cancellations | Exploring the impact of the FTC's new click-to-cancel rule

    Play Episode Listen Later Nov 13, 2024 31:54


    The FTC's new Click-to-Cancel rule is designed to simplify the process for consumers to cancel recurring subscriptions and memberships, requiring B2B and B2C businesses to evaluate their practices, user interfaces, and compliance measures. While the intent is clear, its implications are extensive, and the rule has already been challenged in court. Scott Loughlin is joined by Harsimar Dhanoa, who specializes in emerging regulations. Together, they explore the impact of the new rule in the broader context of user experience, data protection, and consumer rights, as well as the important role of data protection professionals in navigating these changes.

    AI issue spotting | Navigating the ethical maze of AI technology

    Play Episode Listen Later Oct 25, 2024 24:35


    This episode continues the discussion from the AI Mastery Class, where Scott Loughlin is joined by Donald DePass from the D.C. Privacy and Cybersecurity team and Ana Rumualdo from the Mexico City office. Together, they examine how ethics influences AI compliance programs, highlighting the need to balance harm prevention with technological progress. They cover key topics such as product safety, transparency, and user empowerment, while also discussing practical steps organizations can take to effectively incorporate ethical practices into their AI development processes.

    Behind the curtain | FDA and privacy considerations in clinical trial recruitment

    Play Episode Listen Later Oct 17, 2024 34:36


    Explore the challenges of clinical trial recruitment within the life sciences sector in this episode of The Data Chronicles.  Successful clinical trial recruitment is critically important to any research sponsor, including pharmaceutical and medical device companies and this poses a number of complex FDA and privacy considerations.  Host Scott Loughlin is joined by fellow Hogan Lovells lawyers Robert Church, a partner in the FDA practice, and Melissa Levine, counsel in our Privacy and Cybersecurity practice. Together, they discuss how organizations can navigate the regulatory landscape and address the unique hurdles that arise in attracting and enrolling suitable data subjects for clinical studies.

    Did the 9th Circuit just say that DPIAs are unconstitutional?

    Play Episode Listen Later Sep 19, 2024 26:56


    In this Data Chronicles podcast, host Scott Loughlin is joined by Hogan Lovells colleagues Ryan Thompson and Harsimar Dhanoa to explore the clash between data privacy, regulation of online services, and the First Amendment as spotlighted in a recent Ninth Circuit decision on California's Age-Appropriate Design Code Act (AADC). This ruling, which found that the AADC's Data Protection Impact Assessment (DPIAs) requirements likely violate the First Amendment, could impact data protection policy more broadly as policymakers increasingly see DPIAs as a regulatory tool. Listen as they dissect the ruling's implications for DPIAs and the future of using DPIAs as a component of kids policy.

    Data minimization is a challenging opportunity

    Play Episode Listen Later Sep 12, 2024 33:36


    Data minimization is now a popular data protection requirement for policy makers.  Whether it's in established laws like HIPAA, GDPR or the CCPA, or the emerging state laws, lawmakers increasingly expect that businesses will only collect, use, and retain only the minimum amount of personal data. That's easier said than done.   While the requirement seems straightforward, it is very difficult to implement or even to know where to start. Matt McClelland, Managing Director & IG Practice Leader at Ankura, joins host Scott Loughlin to explore data minimization strategies, including as part of larger data governance programs. While challenging, learning how to approach data minimization can create lasting value for data-driven businesses' AI and cyber risk management.

    Fake reviews no more | The FTC's new rule and what it means for AI and you

    Play Episode Listen Later Sep 5, 2024 37:41


    The FTC has concerns with user reviews. As consumers explore a vast global marketplace, they increasingly depend on product and service reviews to make informed decisions. There are widespread questions, however, whether these reviews can be manipulated or become misleading, including through non-disclosed paid endorsements and AI-generated fake entries.   To address both the importance of reviews and their integrity, the FTC is introducing new rules, which the FTC believes will enhance transparency and fairness in user reviews. Host Scott Loughlin, along with Hogan Lovells lawyers Lance Murashige and Harsimar Dhanoa, will explore how these regulations will impact ecommerce and create a new regulatory overhang for user reviews. This discussion will provide valuable insights into the impact of these changes on both businesses and consumers.

    AI issue spotting | The EEOC's strong position on who is responsible for AI

    Play Episode Listen Later Aug 22, 2024 45:08


    In this episode, host Scott Loughlin is joined by Commissioner Keith E. Sonderling of the U.S. Equal Employment Opportunity Commission (EEOC). Commissioner Sonderling, a leading voice on the impact of artificial intelligence in employment and human resources, offers insights into how developers and employers can harness AI's potential while managing the underlying legal risks of using AI to support HR functions. Together, Scott and Commissioner Sonderling explore the intersection of AI and employment, with a particular focus on weighing bias concerns against the promise of AI in transforming the hiring process to match talent with opportunities.  This episode is a must-listen for HR professionals, legal teams, and anyone interested in the future of AI in the workplace.

    Existing and emerging individual rights across U.S. privacy laws

    Play Episode Listen Later Aug 15, 2024 36:27


    Host Scott Loughlin is joined by Hogan Lovells teammates Aaron Lariviere and Rachel Parrish to examine the evolving landscape of individual privacy rights under U.S. state laws in this episode of The Data Chronicles.  Together, they discuss how differing privacy rights — such as access, deletion, and opt-outs — create compliance challenges for organizations operating under the disparate set of U.S. rules. This discussion provides valuable insights into navigating these intricate state-specific laws and implementing effective strategies for compliance.

    AI issue spotting | AI litigation is coming to a courtroom near you

    Play Episode Listen Later Aug 7, 2024 24:20


    Our AI issue spotting podcast series on how AI is being litigated today and where disputes are likely to arise in the future. In this episode, Scott Loughlin is joined by Hogan Lovells partner Vassi Iliadis, a litigator with a strong background in high-stakes class actions involving cybersecurity breaches, privacy violations, and the legal challenges of AI technologies. Their discussion provides valuable insights into how AI litigation will evolve from a focus on disputes on what data and IP is ingested into AI technology to later spotlight liability arising from AI outputs and how companies use them in their operations.  

    Redefining trade: AI's role in export controls

    Play Episode Listen Later Aug 1, 2024 37:44


    Artificial intelligence is not just reshaping our world; it's also redefining the rules of international trade and export controls.   In this episode, host Scott Loughlin is joined by Hogan Lovells partners Aline Doussin and Stephen Propst to explore how AI is influencing global trade laws and export regulations. Together, they investigate the complexities and emerging challenges of managing AI-enabled products across different jurisdictions, offering insights into navigating the evolving legal landscape.

    2024 State legislative roundup

    Play Episode Listen Later Jul 25, 2024 21:18


    The dynamic legislative landscape takes center stage in this episode of The Data Chronicles. Across the United States, state legislatures have passed numerous bills relating to privacy, online safety, and data governance, contributing to the complex regulatory environment.   This episode recaps the legislative changes in the first half of 2024, featuring insights from host Scott Loughlin and Harsimar Dhanoa, an associate dedicated to privacy and cybersecurity at Hogan Lovells.   Join them as they discuss the implications of these new laws for businesses and consumers, and what lies ahead in the dynamic intersection of technology, law, and policy.

    Insider Threats | Navigating hiring risks from foreign adversaries

    Play Episode Listen Later Jul 18, 2024 40:27


    This episode of The Data Chronicles focuses on insider threats in the hiring process.   Recent reports have highlighted a concerning trend where North Korean nationals seek and sometimes secure jobs in the United States and other Western countries using sophisticated methods to evade sanctions restrictions and potentially steal data. These developments have reignited discussions on how organizations should handle insider threats from sanctioned countries during recruitment.   Joining Scott Loughlin are Dan Ongaro, Hogan Lovells senior associate, and Landon Winkelvoss, co-founder of NISOS, a firm specializing in managed intelligence and digital investigations. Together, they share their insights, dissect the complexities of this issue, and propose strategies to enhance organizational security from insider threats, both foreign and domestic.

    Navigating NIS2 | Cybersecurity in the EU

    Play Episode Listen Later Jul 11, 2024 33:16


    In this episode of The Data Chronicles, host Scott Loughlin is joined by Hogan Lovells counsel Dan Whitehead to dive into the evolving realm of cybersecurity regulation in the European Union (EU). Together, they explore the adoption of the Network and Information Security (NIS2) Directive, a cybersecurity framework set to impact a wide range of industries including tech, life sciences, and other critical infrastructure provided both within and outside the EU. The discussion delves into the evolving nature of cybersecurity law, highlighting the implications on security governance, board-level oversight, and incident reporting, along with the GDPR-level fines for non-compliance. Listen as these regulatory changes are dissected and learn about how organizations are looking to comply with these new standards in practice.

    AI issues spotting – A mastery series for lawyers | AI & cybersecurity

    Play Episode Listen Later Jun 27, 2024 32:15


    In this episode, host Scott Loughlin is joined by Hogan Lovells partners, Joke Bodewits and Nathan Salminen, to unpack the pressing questions surrounding the offensive and defensive use of AI in cybersecurity. Both Joke and Nathan are seasoned cybersecurity lawyers and regular guests of The Data Chronicles, and together they whether AI functions as a cyber weapon, its role in defense strategies, and the new cybersecurity challenges and vulnerabilities it presents. 

    Bug bounties and legal considerations of Security Researchers

    Play Episode Listen Later Jun 21, 2024 34:22


    In this episode of The Data Chronicles, host Scott Loughlin is joined by Hogan Lovells senior associate Dan Ongaro to explore security researchers, in particular, how they differ from threat actors and best practices for handling security researchers effectively. Discussion includes bug bounties and other vulnerability disclosure programs to help organizations remain secure and responsive to legal implications of security researchers such as when researchers cross the line to potential incidents or breaches.

    AI issues spotting – a mastery series for lawyers | AI & digital health

    Play Episode Listen Later Jun 13, 2024 27:31


    In this episode we discuss how AI is creating new legal issues in the already complex field of digital health. Join host Scott Loughlin and Hogan Lovells partner Melissa Bianchi as they explore the key regulatory frameworks and compliance issues surrounding AI in healthcare in the digital world and how many tech organizations – whether they think of themselves as healthcare companies or not – are now becoming digital health companies in the age of AI.

    AI issues spotting – a mastery series for lawyers | AI & commercial contracting

    Play Episode Listen Later Jun 13, 2024 22:49


    In this episode we dive into the intricate world of artificial intelligence and commercial contracting. Host Scott Loughlin is joined by Hogan Lovells partner David Toy to explore the nuances of AI in commercial contracting. Dave's expertise in technology, intellectual property, commercial contracting, and outsourcing has seen him negotiate every type of tech deal imaginable, and now it seems like AI is part of each of them.  New commercial issues are popping everywhere – from reps to indemnities – with no market standard yet in sight.

    AI issues spotting – a mastery series for lawyers | AI & copyrights

    Play Episode Listen Later Jun 13, 2024 34:49


    Artificial intelligence is not just a futuristic concept; it's a present-day reality that's transforming how we create, share, and protect intellectual property. In this episode host Scott Loughlin is joined by Hogan Lovells counsel, Lauren Cury, to discuss how AI is reshaping the landscape of copyright law. Together they examine both the challenges and opportunities it presents and the strategies companies can employ to stay ahead in this rapidly evolving field.

    Rocky Mountain High-Risk AI - Unveiling Colorado's AI Act

    Play Episode Listen Later Jun 4, 2024 23:23


    In this episode of The Data Chronicles, we explore the groundbreaking Colorado AI Act (CAIA), the first cross-sectoral AI governance law in the U.S. Host Scott Loughlin and Hogan Lovells senior associate Sophie Baum explore the implications of this pioneering legislation. Together they discuss the major provisions of the CAIA and highlight developer and deployer obligations, enforcement and rulemaking components of the bill and what companies need to do to prepare when CAIA goes into effect in February 2026.

    The role of law enforcement in cybersecurity

    Play Episode Listen Later May 30, 2024 45:58


    In this episode of The Data Chronicles, we examine the role of law enforcement in cybersecurity. Host Scott Loughlin leads a discussion with Amit Kachhia-Patel, Assistant Special Agent in Charge (ASAC) overseeing the FBI New York Field Office's cybersecurity squads, and Pete Marta, partner at Hogan Lovells, as they navigate how companies may leverage the expertise and resources of the FBI in a cyber crisis and explore the evolving landscape of cyber threats globally. Join us as we uncover the collaborative efforts between the private sector and law enforcement needed in combating cybercrime.

    Net Neutrality alters the online ecosystem

    Play Episode Listen Later May 22, 2024 31:13


    The U.S. Federal Communications Commission is once again top of mind for players in the digital economy. The FCC has reinstated net neutrality rules as part of Chairwoman Rosenworcel's push to play a larger role in network, cyber, and national security issues. In this episode, host Scott Loughlin is joined by Hogan Lovells senior counsel Charles Mathias and counsel John Castle, to discuss the privacy implications of the final rules, including how this policy could further restrict foreign access to data, and grant FCC authority over addressing cyber vulnerabilities and imposing other data protection obligations.

    Rapid reaction | Maryland's new kids code

    Play Episode Listen Later May 15, 2024 13:15


    Gov. Wes Moore made Maryland the second state to try to create strong limits on information collected on children by signing a new age-appropriate design code into law. In this rapid reaction episode, host Scott Loughlin is joined by Hogan Lovells associate Harsimar Dhanoa to discuss the new law, known as the Maryland Kids Code, and how it seeks to limit data that could be collected from children online and help keep children safe online. Gov. Moore also signed Maryland's comprehensive privacy law into law – you can find our rapid reaction episode discussing the key points of the bill here.

    Guarding your inbox | Navigating email cyberattacks

    Play Episode Listen Later May 1, 2024 34:22


    Email cyberattacks: a silent threat lurking in our inboxes. In this episode of The Data Chronicles, we dive into the dark world of email-based cyber threats, from phishing scams to misdirected wires. Host Scott Loughlin is joined by Hogan Lovells partner, Nathan Salminen, to discuss the tactics hackers use to deceive users and exploit mailboxes. Learn practical tips to safeguard your inbox and your data as we unravel the complexities of email security against digital adversaries.

    Building the AI lawyer skillset – AI is now a competition issue

    Play Episode Listen Later Apr 25, 2024 28:47


    Predictions are that artificial intelligence will intersect with virtually every aspect of our lives and seemingly it's impacting every legal discipline. With the issues so widespread and varied, AI lawyers seemingly need to know how to issue spot everything. Is that even possible? In this episode of The Data Chronicles, we examine relationship between US antitrust law and AI. Host Scott Loughlin leads the conversation with special guests Edith Ramirez, partner at Hogan Lovells and former chairwoman of the Federal Trade Commission (FTC), and Chris Fitzpatrick, senior associate at the firm. Together, they explore how AI is transforming market dynamics and how regulators see AI triggering antitrust legal concerns and obligations.

    Maryland's comprehensive data privacy bill

    Play Episode Listen Later Apr 17, 2024 11:14


    Did you miss our analysis of the Maryland comprehensive privacy bill? If you prefer a quick podcast discussion, we have that too. Join Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, and Hogan Lovells associate Harsimar Dhanoa in a rapid reaction episode discussing the newly passed bill.

    The EU AI Act | What you need to know

    Play Episode Listen Later Apr 10, 2024 49:31


    In this episode of The Data Chronicles, we dive into the groundbreaking legislation of the European Union (EU) Artificial Intelligence (AI) Act. With artificial intelligence increasingly permeating various aspects of our lives, regulating its development and deployment has become the focus of many policymakers. Host Scott Loughlin is joined by Hogan Lovells partner and co-lead of the Privacy and Cybersecurity practice, Eduardo Ustaran, to break down the key components of the EU AI Act and explore its objectives, scope, and implications for businesses around the world. Through tactical insights and analysis, we aim to shed light on how this legislation is shaping the future of artificial intelligence in Europe and beyond.

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