Navigating the Complex Landscape of Privacy and Cybersecurity: Emerging trends, regulatory complexities, and compliance strategies

Robyn W. Lin | Troutman Pepper Hamilton Sanders LLP

Robyn is an associate in the firm’s Privacy + Cyber practice who focuses on helping clients understand and maintain data compliance. She regularly assists clients with all aspects of their privacy programs, including an initial assessment of applicable law, policy drafting, and implementation. Her practice also includes regulatory assessments and serving as an expert for mergers and acquisitions. Robyn also provides ongoing commentary on developments within privacy and cybersecurity, and serves as assistant editor of More Privacy Please, the firm’s monthly newsletter recapping industry and legal developments in the areas of cybersecurity, information governance, and privacy.

Natasha E. Halloran | Troutman Pepper Hamilton Sanders LLP

Natasha is an associate in the firm’s Privacy + Cyber practice, where she assists clients with privacy-related issues such as reviewing privacy policies, regulatory compliance, and due diligence for mergers and acquisitions. Her practice also includes commercial litigation, business disputes, and class-action litigation under consumer protection statutes, such as the Fair Credit Reporting Act (FCRA) and Video Privacy Protection Act (VPPA). Prior to joining the firm, Natasha served as a law clerk for the Honorable Robert S. Ballou at the U.S. District Court for the Western District of Virginia.

Karla Ballesteros | Troutman Pepper Hamilton Sanders LLP

Karla is an associate in the firm’s Privacy + Cyber practice. Her daily work includes counseling clients through the initial incident response, potential ransom payment, restoration, data mining, and notification segments of the incident response practice. She also leads efforts to identify and remediate shortcomings in cybersecurity and privacy practices of clients. Prior to joining the firm, Karla was a cyber services manager for the Beazley Group, offering proactive risk management guidance to clients seeking to improve their controls and mitigate risks before an incident occurs. Over the span of her career, she has handled more than 500 active cybersecurity incidents.

I. Current privacy and cybersecurity landscape | 2:00pm – 2:05pm

• Importance of understanding and adapting to emerging trends

II. Emerging Trends | 2:05pm – 2:15pm

• Cyber threats: An overview of the latest cyber threats businesses face
• Business competitive prerequisites: How privacy and cybersecurity impact business competitiveness
• Regulatory complexities: A look at the complex regulatory landscape businesses must navigate
• Increased scrutiny: The implications of increased scrutiny on businesses

III. Commonly Litigated Statutes | 2:15pm – 2:25pm

• A review of commonly litigated statutes such as FCRA, DPPA, CCPA, VPPA, BIPA, state wiretap laws, state medical information statutes, and common law claims
• Key takeaways for businesses to avoid litigation

IV. Typical Rhythm – Standard, Damages, Class Certification | 2:25pm – 2:35pm

• The typical rhythm of privacy and cybersecurity litigation
• How businesses can prepare for and respond to potential litigation

V. HIPAA/Cookie Use | 2:35pm – 2:45pm

• HIPAA and its implications for cookie use
• How businesses can ensure compliance with HIPAA and cookie use regulations

VI. Key Privacy laws in the United States and Key Terms | 2:45pm – 3:00pm

• A comprehensive guide of key US privacy laws
• Definitions and explanations of key terms

Break | 3:00pm – 3:10pm

VII. Impact on Implementation and Compliance | 3:10pm – 3:20pm

• How emerging trends and regulatory complexities impact implementation and compliance
• Strategies for businesses to ensure effective implementation and compliance

VIII. Privacy Policies | 3:20pm – 3:25pm

• The role of privacy policies in ensuring compliance
• How businesses can use privacy policies in drafting, assessing for compliance or M&A, and litigation

IX. Privacy vs. Information Security | 3:25pm – 3:35pm

• The difference between privacy and information security
• How businesses can ensure both privacy and information security

X. Breach Responses | 3:35pm – 3:40pm

• Best practices for responding to data breaches
• How businesses can minimize damage and ensure swift recovery