Commercial

Data, Privacy & Information Security

Data as an opportunity

The way we shop, travel, receive healthcare and are entertained – indeed all aspects of our lives – have been transformed by data-driven technological and digital advances.  At the very heart of these advances is an ‘information economy’.

It’s no surprise (although we don’t agree with the analogy) that data has been coined ‘the new oil’ due to its power, potential and value to businesses and wider society.  It’s fair to say that the regulatory and legal landscape continues to evolve in order to try to ‘keep up’ with innovation.

Overlay all of this with the fact that conversations about ‘data ethics’ are becoming increasingly prevalent in society and that governments (including our own in the UK) are grappling with national data strategies designed to facilitate and nurture data economies, and it’s easy to see why Boards are so focused on data-related issues.

Ashley Avery

Our services

Data-driven opportunity

We understand data-driven business objectives (such as customer insight and profiling, development of connected devices/IoT, use of algorithmic data processing and machine learning technologies, strategic data sharing arrangements etc.) and can help with proactive risk mitigation (including implementing Data Protection by Design and Default and conducting appropriate impact assessments). We approach onerous and complex regulation in a ‘risk based’, pragmatic and business-enabling way. We’re here to help you achieve your goals.

Operational data projects

We can support you with strategic and day to day accountability and data governance measures (including producing policies and processes and related staff training), data-supply chain management, intra-group data sharing, international data transfers and employee data related projects (such as employee monitoring and the use of biometrics).

Incident Response & Individuals' Rights

We are experienced in dealing with data breaches and cyber security incidents including liaising with regulators, leading incident-related investigations, defending enforcements and, if it comes to it, litigation. We can also support you with dealing with third party information requests (such as requests for data from law enforcement authorities) and individual rights requests (including complex or contentious subject access requests).

Why choose Foot Anstey?

You still can’t go far without someone mentioning GDPR, CCPA or another international equivalent, meaning that many businesses find themselves still on ‘red alert’ particularly with information security and cyber risks as hot topics. It is certain that enforcement will continue but to a large extent it remains to be seen how this ‘new’ legislation will be interpreted and applied by regulators and courts. Recent focus, driven by a range of factors including high profile breaches and consumer expectations, has been on unsolicited marketing, personalised digital advertising, security failings and innovative technologies such as live facial recognition.

Data-driven opportunities for businesses are clearly strategic and significant, whilst the associated risks – if not identified and managed – can be complex and costly. Understanding your own risk appetite in this area, as well as maintaining clear visibility of what’s going on in the wider world from a data perspective is key to realising and maximising the potential of your data.

Our people

Foot Anstey’s team of data, privacy and information law specialists have a genuine, obvious and long-standing passion for ‘all things data’. They understand and are excited by the commercial possibilities of data and seek to support you with the development and delivery of your data-related business strategies.

Whatever project or incident the data, privacy and information security team are supporting you with they understand that these are issues which can affect your whole business strategy and reputation.  They are experienced in navigating complex technical legal issues and translating the messages for different internal audiences – from the Board to the front line.

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