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Data and cyber

Cyber attacks, data breaches and litigation

We advise on the largest and most complex data crises, and are one of only a handful of firms in the world to have managed a major data breach since the advent of the EU’s General Data Protection Regulation (GDPR).

This experience gives us unrivalled insight into how regulators think, what they look for in their investigations, how they calculate fines and what remediation measures they expect.

Our global team of data attorneys, litigators and investigations lawyers know how to respond to an attack in a way that will manage your exposure, position you to defend follow-on litigation and help you quickly rebuild consumer and stakeholder trust.

We track data privacy developments globally - including the strength of different authorities’ statutory powers, their likelihood of taking action and the associated class action risk – so when you suffer a breach we can immediately pinpoint where you need to focus your energy.

Our cyber attacks, data breaches and litigation insights

Blogs

Cyber Resilience Act – How to implement the new cybersecurity rules for digital products

The Cyber Resilience Act (CRA) has become reality: it has been published in the Official Journal of the EU on 20 November 2024 and will enter into force on 10 December 2024. This new Act that is part…

Author(s): Theresa Ehlen, Lutz Riede, Christoph Werkmeister, Julia Utzerath, Christina Moellnitz, Jimena Gonzalez

  • eu cyber resilience act
  • eu digital strategy
  • cyber security

Leading the Change: 2025 Data Law Trends report

We’re excited to share our latest report, Leading the Change: 2025 Data Law Trends.  Data now impacts all aspects of businesses, from risk management and global operations to growth strategies. The…

Author(s): Christine Lyon, Giles Pratt, Christoph Werkmeister

  • ai
  • americas
  • asia-pacific
  • cyber security
  • data
  • data protection
  • e-commerce
  • eu ai act
  • eu data act
  • eu digital strategy
  • europe
  • european data spaces
  • gdpr
  • global
  • ico
  • innovation
  • internet of things
  • platforms
  • regulatory framework
  • tech media and telecoms
  • us
  • onlinesafety

How to implement NIS2

The national implementation of the new EU Directive on measures for a high common level of cybersecurity for specific sectors across the Union (NIS2) is in progress. The NIS2 Directive extends the…

Author(s): Christoph Werkmeister, Hanna Hoffmann, Julia Utzerath

  • cyber security
  • eu nis2 directive

Ransom Payments and Other Cybercrime Challenges: How the Threat Landscape is Evolving

As the threat landscape evolves, organizations worldwide face increasing challenges related to ransomware attacks (see our previous blog post on ransom payments). Recently, the German Federal…

Author(s): Moritz Pellmann, Christoph Werkmeister, Timothy Howard, Cristina Hajek Gross, Felix Mayer, Lina Berezgova

  • cyber security
  • investigations

NIS2 Directive transposed in Belgium: How does it impact your organisation?

The NIS2 Directive aims to achieve a high common level of cybersecurity across the EU. On 18 April 2024, the Belgian Parliament has adopted an Act transposing the NIS2 Directive into Belgian law (the…

Author(s): Irem Güzel, Satya Staes Polet, Florian Rigolle

  • cyber security
  • eu nis2 directive

A chance for AI? Germany greenlights fully automated customer identification

When it comes to the remote identification of clients for Anti Money Laundering (AML) purposes, Germany has taken a quite unique stance. Unless an identification document with eID is used, only a…

Author(s): Janina Heinz, Philipp Roos, Daniel Klingenbrunn

  • ai
  • cyber security
  • eu ai act
  • fintech
  • gdpr
  • innovation
  • regulatory

Building Your Company’s AI Governance Framework

The use of AI has grown rapidly, from simplistic chatbots to sophisticated conversationalists that are close to passing the Turing test of whether a machine can engage in a conversation with a human…

Author(s): Rikki Haria, Theresa Ehlen, Christine Lyon, Jeanne Queneudec, Edward Dean, Christine Chong, Laura Llangozi

  • ai
  • consumer
  • corporate
  • cyber security
  • data protection
  • employment
  • eu ai act
  • europe
  • innovation
  • intellectual property
  • tech media and telecoms

The 'lead claimant' model - the future for data privacy mass claims?

The Supreme Court’s ruling in Lloyd v Google (on which we have previously blogged), coupled with the vast upfront costs of bringing claims via a group litigation order (GLO), is leading claimant law…

Author(s): Cat Greenwood-Smith, Charlie Fisher

  • data
  • data protection
  • cyber security
  • litigation

Clarification of requirements for claiming damages following cyberattacks under the GDPR

Cyberattacks present a multi-faceted challenge for organisations around the world. Beyond the immediate burden of handling the attack itself, the aftermath can be of even greater concern. Not only do…

Author(s): Christoph Werkmeister, Martin Mekat, Rhodri Thomas, Dawid Ligocki, Hanna Hoffmann, Christian Sosna

  • cyber security
  • data
  • data protection
  • gdpr
  • litigation

China’s CAC clarifies cybersecurity incident reporting obligations

The Cyberspace Administration of China ('CAC') has released draft measures that would require many cyber and data security incidents in China to be reported within one hour. The draft ‘Measures for…

Author(s): Richard Bird, Fan Li

  • asia-pacific
  • cyber security
  • data protection
  • data
  • regulatory
  • tech media and telecoms

Data localisation in Vietnam – Highlights under Decree 53 and Decree 13

Discussions on data localisation in Vietnam have been in vogue since the issuance of Law No. 24/2018/QH14 on cybersecurity (the ‘Cybersecurity Law’) in 2018. After much anticipation, Decree…

Author(s): Ngan Anh Phan, Tony Foster

  • asia-pacific
  • data
  • regulatory
  • tech media and telecoms
  • cyber security

The California Privacy Protection Agency Releases a First Draft of Automated Decisionmaking Opt-Out and Access Regulations

The California Privacy Protection Agency (CPPA) has been steadily making strides to progress rulemaking under the California Consumer Privacy Act (CCPA) on requirements for cybersecurity audits, risk…

Author(s): Christine Lyon, Christine Chong

  • ai
  • cyber security
  • data
  • data protection

Data Trends 2024

This week Freshfields published an annual review of the top trends we expect to impact the data landscape in 2024 and beyond. They have been identified by international specialists from across our…

Author(s): Christine Lyon, Giles Pratt, Christoph Werkmeister

  • ai
  • data
  • data protection
  • europe
  • global
  • gdpr
  • ico
  • intellectual property
  • internet of things
  • tech media and telecoms
  • us
  • asia-pacific
  • americas
  • cyber security
  • eu data act
  • eu data governance act
  • eu digital markets act
  • eu digital services act
  • eu digital strategy

Data Privacy Litigation: theft of sensitive personal data not sufficient for GDPR non-material damages

Data privacy litigation landscape  Non-material damages claims based on (alleged) violations of the General Data Protection Regulation (GDPR) are increasingly being brought before courts across the…

Author(s): Martin Mekat, Christoph Werkmeister, Dawid Ligocki, Christian Sosna

  • data protection
  • cyber security
  • data
  • gdpr
  • litigation
  • tech media and telecoms

MiCA & DORA ante portas – Germany clarifies application of EU Regulations

The Markets in Crypto-Assets Regulation (MiCA) will apply from 30 December 2024 (except for the provisions on e-money tokens and asset-referenced tokens, which will apply from 30 June 2024). As an EU…

Author(s): Janina Heinz, Daniel Klingenbrunn

  • blockchain
  • cryptocurrency
  • cyber security
  • data
  • europe
  • financial institutions
  • fintech
  • regulatory

Ransomware victims beware: UK & US tackle ransomware with first multilateral sanctions and UK victims’ reporting guidance

The coordinated designation of individuals under both the UK and US cyber sanctions regimes, in an effort to combat ransomware attacks, highlights the importance for the victims of ransomware attacks…

Author(s): Hannah Walker Gore, Andrew Bulovsky, Katie Palms, Stephanie Brown Cripps

  • uk
  • sanctions
  • cyber security
  • us

And we’re off!: Updated California Consumer Privacy Act regulations near the finish line, with invitations to comment on further rulemaking

The California Privacy Rights Act (CPRA) significantly expanded the California Consumer Privacy Act (CCPA) as of January 1, 2023, but companies are still awaiting the updated regulations. On Friday,…

Author(s): Christine Lyon, Christine Chong

  • cyber security
  • data
  • data protection
  • consumer

Security vs. convenience: EBA clarifies application of Strong Customer Authentication for Digital Wallets

It's been a while since strong customer authentication (SCA) has been in the spotlight. For those who do not immediately remember what SCA is about: the rules for SCA aim to reduce fraud and make…

Author(s): Alicia Hildner, Daniel Klingenbrunn

  • sca
  • digitalwallet
  • 2fa
  • tokenisation
  • psd2
  • psd3
  • cyber security
  • digital payment
  • e-commerce
  • fintech
  • regulatory

Naming and shaming? The UK ICO is now naming most organisations it investigates

In recent months the UK’s data protection authority, the Information Commissioner’s Office (ICO), has begun publishing data sets naming organisations that have been subject to reprimands, complaints,…

Author(s): Giles Pratt, Rachael Annear, Adam Gillert

  • cyber security
  • data
  • data protection
  • gdpr
  • ico
  • mergers and acquisitions
  • tech media and telecoms

China: one step closer to understanding ‘important data’ and ‘core data’

The National Information Security Standardisation Technical Committee (TC260) released a draft guidance document in Q4, 2022 giving direction to government departments and sectoral regulators on…

Author(s): Richard Bird

  • asia-pacific
  • cyber security
  • data
  • data protection
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Podcasts

Our cyber attacks, data breaches and litigation experience

Marriott

Advising Marriott, the US hotel chain, on the global coordination of its response to its Starwood database security incident.

International travel operator

Advising an international travel operator following the loss of customer and business data

International investment fund

Advising an investment fund on a cyber attack, including working with criminal, data protection and industry regulators in the UK and Germany.

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