Privacy and Cybersecurity Law Developments in China, the EU and the US: Cross-Border Alignment and Compliance
|Friday, March 1, 2019|
|8:30 a.m.||Registration & Breakfast
|9:15 a.m.||Setting the Stage|
|9:30 a.m.||Privacy and Cybersecurity Frameworks in China, Europe and the US: Do Recent Developments Herald Convergence or Confusion?
Although privacy law in the US has been characterized by the sectoral, or industry-by-industry, approach, the states, led by California, are adopting comprehensive laws. The US Congress may be compelled to follow, if only to preempt the states. Meanwhile, Europe is implementing the GDPR, with global impact, and China is developing robust frameworks for commercial data protection and cybersecurity. Are we likely to see convergence, or will companies operating globally face growing complexity? Do we even have agreement on what information is to be protected?
Cybersecurity: Defining Reasonable Cybersecurity in a Global Marketplace
Across the globe, there are expanding legal mandates for “reasonable” cybersecurity of both critical infrastructure and commercial systems that hold consumer data. What is reasonable cybersecurity? Should standards be mandatory or advisory, technology-specific or flexible, absolute or risk-based? Who sets the standards? National governments, sector-specific regulatory agencies, independent standards setting bodies? And how do global companies develop products and services that will meet the legal test across multiple jurisdictions?
Data Governance and Consumer Privacy under GDPR, APEC, China, and US Frameworks
How should global companies develop privacy and cybersecurity strategies? How are companies responding to data localization requirements? Will the evolving legal systems allow the cross-border data transfers?
Enforcement: The Emerging Practice of Privacy and Cybersecurity Enforcement
Comparing Europe, the US and China, what are the core characteristics of an effective enforcement agency? Are enforcers cooperating across borders? Should regulators seek to ensure cross-border alignment of requirements? How can companies reconcile competing demands and respond to enforcement actions outside their headquarters country?
|3:30 p.m.||Closing Ceremony|
UC Berkeley School of Law certifies this event for 5.0 hours of CLE credit.