Legal precision in privacy, data security and data protection - Expert legal advisers

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Legal precision in privacy, data security and data protection - Expert legal advisers
Legal precision
in privacy, data
security and
data protection
Expert legal advisers

2021
Legal precision in privacy, data security and data protection - Expert legal advisers
Precious resources need meticulous care

      The challenges arising from data are countless and inescapable in our maturing technological
      landscape. To future-proof your organisation, and unlock opportunity from your data, you
      need alert and experienced lawyers who will deliver practical advice. Our team of experts
      includes former regulators who have been right at the heart of the development of the legal
      landscape in this critical area.

          One-stop-shop                                Global AND                                Pragmatism
                                                       local                                     and business
          Clients turn to CMS to advise                                                          acumen
          on global data privacy,                      Our teams are flexible in
          protection and information                   that they handle both large
                                                       multinational projects but                CMS has a knack for turning
          security projects. Leading                                                             legal advice into practical
          multinational companies,                     can also deep-dive for niche,
                                                       country-specific advice. The              solutions that make sense
          many of which hold large                                                               not just to your legal teams,
          amounts of sensitive data                    teams are on the ground in
                                                       over 40 countries, speak the              but to your other employees,
          and are heavily regulated,                                                             such as the HR function, or
          instruct us to advise on                     local language and understand
                                                       the local laws – but crucially in         software engineers.
          multi-jurisdictional projects.
                                                       a global context.

                                              Cyber breach response
                                                                          Internet of things
                                                  “crash team”

                           Privacy dawn raids                                                  Information security
                             and regulatory                                                       & data breach
                               proceedings                                                      management plan

                                 Litigation                 We can help                             Compliance
                                and claims                                                            audits
                                                             you with

                             Online cookies                                                     International
                            and tracking tech                                                   data transfers

                                                      Data subject
                                                                               Consent
                                                         rights

2 | Title of brochure (7.5 / 10pt)
Legal precision in privacy, data security and data protection - Expert legal advisers
Selected experience

CMS is highly experienced in delivering data protection and information security projects
for large multinationals and growing businesses alike. In addition to our extensive geographical
scope and a pragmatic and commercial mindset, CMS is well-placed to turn legal advice into
practical solutions for your business.

                                                                                Global marketing
eBay                                    A leading Italian bank
                                                                                services company

And a number of other group             On a project with a US cloud            On their complex BCR
companies on the full spectrum of       provider including advising on the      arrangements and cross border
data protection issues - from GDPR      most appropriate strategies,            processing for breach notifications,
and e-Privacy issues, especially on     safeguards and technologies, such       including liaising with regulators
cookie banner, online advertising,
                                        as encryption, to manage the issues     during the application process and
consent management platform, to
                                        and risks arising out of Schrems II     analysis of the implications of Brexit
representation before data
protection authorities.                 and the US CLOUD Act.                   on the regulatory approval process.

 International online platform          Leading insurance company               The World Bank

On the design and implementation        On a big data project aimed at          On digital ID authentication legal
of a solution for the platform’s data   improving customer and prospect         and regulatory frameworks in
subject access request process,         insights by collecting and processing   Zimbabwe, Lesotho, Madagascar
including resource, process and         personal data from various sources,     and Sudan.
technology.                             including social networks.

                                                                                Multinational pharmaceutical
 XAIN AG                                Wondo (Ferrovial)
                                                                                provider

On the GDPR compliance of its           On the legal framework of their         On several complex Ad Tech
cutting-edge federated machine          partnership with Israeli firm           projects, including its sophisticated
learning technology.                    Moovit to launch a mobility as a        data-sharing arrangements and
                                        service platform, including all         centralisation of its data
                                        data protection issues.                 management platforms.

 Leading automotive player              Major technology company                Global media conglomerate

In relation to the management           On the use of facial recognition        On transfers of personal data
of a data breach (access by third       technology at the point of sale and     relating to launch of its new OTT
parties to the company’s list of        representation in regulatory            streaming service in Asia including
clients), including advising on the     proceedings in Germany.                 transfer of personal data from
applicable regulations and                                                      Indonesia and Singapore to India
notification obligations, designing                                             and the US, and to Malaysia where
the strategy, reviewing provider                                                its customer service vendor is
contracts and filing a complaint with                                           located.
the law enforcement authorities.

                                                                                                                         3
Legal precision in privacy, data security and data protection - Expert legal advisers
Data protection tools and insight

         Data Law Navigator                                              GDPR Enforcement Tracker
         Want a quick snapshot of data privacy and                       View a running list of fines and penalties which
         cybersecurity laws in more than 30 countries                    data protection authorities within the EU have
         in Europe and beyond?                                           imposed under GDPR.

         Visit: www.datalawnavigator.com                                 Visit: www.enforcementtracker.com

                                     CMS Breach Assistant
                                     An innovative and unique mobile platform arming businesses with information and
                                     guidance to more quickly assemble and act once a data breach has been identified.

                                     Visit www.breachassistant.com or search CMS Breach Assistant in the app store to
                                     download the free basic version.

                  CMS’ Team has a deep and comprehensive                       Very engaged, precise, responsive, business-
                  knowledge concerning data privacy and data                   oriented with a sharp eye for essentials.
                  protection issues. They always consider not
                                                                                Legal 500, Data Privacy and Data Protection,
                  only the pure legal requirements but the
                                                                                                             Germany, 2020
                  client’s industry specifications and client’s
                  internal policies as well.

                    Legal 500, Data Privacy and Data Protection,
                                                 Hungary, 2020

                  The privacy and data protection team is                      They have a brilliant team and nothing
                  strong on the legal points, very responsive                  stumps them.
                  and available and reacts quickly with
                                                                                Chambers and Partners, Data Protection,
                  pragmatic solutions.
                                                                                                             UK, 2020
                                      Legal 500, EU regulatory:
                    Privacy and data protection, Belgium, 2020

4 | Title of brochure (7.5 / 10pt)
Legal precision in privacy, data security and data protection - Expert legal advisers
CMS Breach Assistant
                                                                                      Premium subscription features:

                                                                                      ∙ Ready-to-access guidance on data laws
                                                                                      ∙ Detailed sector-specific guidance for
                                                                                        17 European jurisdictions in key sectors
                                                                                      ∙ Detailed guidance on GDPR
                                                                                        enforcement action and remedies
                                                                                      ∙ Instantly notify and mobilise your
                                                                                        internal data breach team
                                                                                      ∙ Data breach response checklist
                                                                                      ∙ A-Z of key legal and technical terms
                                                                                        and definitions under data protection
                                                                                        legislation and other relevant laws in
                                                                                        Europe with detailed guidance
                                                                                      ∙ Contact details of CMS data
                                                                                        protection lawyers worldwide

Breach Assistant is an innovative mobile platform developed together with the deep expertise of
global law firm CMS, arming businesses with information and guidance to more quickly assemble
and act once a data breach has been identified.

Every modern business will experience a data                     Easily accessible from the smartphone in your
breach at some point in its lifecycle. Reporting it              pocket, Breach Assistant guides those responsible for
to regulators and/or individuals, depending on the               data privacy within your business through the process,
circumstances and nature of the data breach, is often            offering advice relevant to a wide range of sectors and
required by law.                                                 jurisdictions, particularly across Europe.

But many businesses still fail at the first hurdle               Each data incident poses new challenges for response
and fail to act with the appropriate speed once a                teams, and as the data regulation evolves, it is critical
breach has been discovered, which could lead to                  that your business’ approach to data security and data
harsher regulatory fines and greater reputational damage.        breach response do too.

Breach Assistant is an innovative and unique mobile              Breach Assistant is available to download for
platform developed with deep expertise within                    iPhone and Android from the app store. The platform
global law firm CMS, arming businesses with                      comprises a free version offering practical advice across
information and guidance to more quickly assemble                19 European countries, and a premium version available
and act once a data breach has been identified.                  on a subscription basis.

Prompt response and action is critical, typically within         The app is available to download on iOS and Android from
the first few hours after an actual or potential breach has      the App Store and comes in a free and premium version.
been detected, but businesses may be unsure of whether or
not, when, how and to whom the incident should be
reported and what needs to be notified. This is clear from
the CMS GDPR Enforcement Tracker, which shows an
unnecessarily high number of fines issued under the GDPR         Search CMS Breach Assistant or visit
relate to non-compliance with breach notification obligations.   www.breachassistant.com

                                                                                                                                   5
Get in touch

      Albania                           Chile                               Nick Beckett
      Mirko Daidone                     Diego Rodriguez                     T +852 2533 7818
      T +355 4 430 2123                 T +56 22 4852 073                   E nick.beckett@cms-cmno.com
      E mirko.daidone@cms-aacs.com      E diego.rodriguez@cms-ca.com
                                                                            Hungary
      Algeria                           China                               Dóra Petrányi
      Amine Sator                       Nick Beckett                        T +36 1 48348 20
      T +213 21 69 48 26                T +86 10 8527 0287                  E dora.petranyi@cms-cmno.com
      E amine.sator@cms-fl.com          E nick.beckett@cms-cmno.com
                                                                            Italy
      Angola                            Ulrike Glueck                       Italo de Feo
      Filipa Tavares de Lima            T +86 21 6289 6363                  T +39 06 47815 1
      T +244 946 673 866/7              E ulrike.glueck@cmslegal.cn         E italo.defeo@cms-aacs.com
      E filipa.lima@ftl-advogados.com
                                        Colombia                            Kenya
      Austria                           Lorenzo Villegas-Carrasquilla       Ashwini Bhandari
      Johannes Juranek                  T +57 1 321 8910                    T +254 (0) 20 4297000
      T +43 1 40 443 2450               E lorenzo.villegas@cms-ra.com       E ashwini.bhandari@cms-di.com
      E johannes.juranek@cms-rrh.com
                                        Croatia                             Luxembourg
      Belgium                           Marija Zrno Prošić                  Vivian Walry
      Tom de Cordier                    T +385 1 4825 600                   T +35226275321
      T +32 2 743 69 13                 E marija.zrno-prosic@bmslegal.hr    E vivian.walry@cms-dblux.com
      E tom.decordier@cms-db.com
                                        Czech Republic                      Macedonia
      Bosnia and Herzegovina            Tomas Matějovsky                    Marija Filipovska
      Nedzida Salihovic-Whalen          T +420 2 96798 852                  T +381 11 3208915
      T +387 33 94-4610                 E tomas.matejovsky@cms-cmno.com     E marija.filipovska@cms-rrh.com
      E nedzida.salihovic-whalen@
      cms-rrh.com                       France                              Mexico
                                        Anne-Laure Villedieu                César Lechuga Perezanta
      Brazil                            T +33 1 47 38 40 19                 T +52 55 2623 0552
      Ted Rhodes                        E anne-laure.villedieu@cms-fl.com   E cesar.lechuga@wll-cms.com
      T +55 21 3722 9832
      E ted.rhodes@cms-cmno.com         Germany                             Montenegro
                                        Christian Runte                     Milica Popovic
      Bulgaria                          T +49 8923 807 163                  T +382 20 416 070
      Gentscho Pavlov                   E christian.runte@cms-hs.com        E milica.popovic@cms-rrh.com
      T +359 (0)2 447 1350
      E Gentscho.pavlov@cms-rrh.com     Hong Kong                           Morocco
                                        Jonathan Chu                        Marc Veuillot
      Nevena Radlova                    T +852 2533 7818                    T +212 6 6108 9182
      T +359 (0)2 923 4866              E jonathan.chu@cms-cmno.com         E marc.veuillot@cms-fl.com
      E nevena.radlova@cms-cmno.com

6 | Title of brochure (7.5 / 10pt)
North Macedonia                   Saudi Arabia                        Döne Yalçın
Marija Filipovska                 Karim Fawaz                         T +90 212 2434928
T 389 23 153 800                  T +971 4 374 2836                   E doene.yalcin@cms-rrh.com
E maria.filipovska@cms-rrh.com    E karim.fawaz@cms-cmno.com
                                                                     Ukraine
The Netherlands                   Singapore                          Olga Belyakova
Erik Jonkman                      Sheena Jacob                       T +380 44 391 7727
T +31 20 3016 379                 T +65 6422 2851                    E olga.belyakova@cms-cmno.com
E erik.jonkman@cms-dsb.com        E sheena.jacob@cms-holbornasia.com
                                                                     Maria Orlyk
Oman                              Slovakia                           T +380 44 500 1710
Ben Ewing                         Oliver Werner                      E maria.orlyk@cms-rrh.com
T +968 2439 9905                  T +43 1 40443 5900
E ben.ewing@cms-cmno.com          E Oliver.Werner@cms-rrh.com        United Arab Emirates
                                                                     Karim Fawaz
Peru                              Martina Simova                     T +971 4 374 2836
Cecilia Kahn                      T +21 222 111 503                  E karim.fawaz@cms-cmno.com
T +51 1 513 9430                  E martina.simonva@cms-cmno.com
E cecilia.kahn@cms-grau.com                                          United Kingdom
                                  Slovenia                           Emma Burnett
Poland                            Amela Žrt                          T +44 20 7367 3565
Tomasz Koryzma                    T +386 1 6205210                   E emma.burnett@cms-cmno.com
T +48 22 520 8479                 E amela.zrt@cms-rrh.com
E tomasz.koryzma@cms-cmno.com                                         *Updated April 2020
                                  South Africa
Portugal                          Deepa Vallabh
José Luís Arnaut                  T +27 82 571 0707
T +351 21 095 8133                E deepa.vallabh@cms-rm.com
E joseluis.arnaut@cms-rpa.com
                                  Spain
Romania                           Javier Torre de Silva
Cristina Popescu                  T +34 91 4519 321
T +40 21 407 3811                 E javier.torredesilva@cms-asl.com
E cristina.popescu@cms-cmno.com
                                  Switzerland
Russia                            Dirk Spacek
Maxim Boulba                      T +41 44 285 13 61
T +7 495 786 40 23                E dirk.spacek@cms-vep.com
E maxim.boulba@cmslegal.ru
                                  Turkey
Serbia                            Alican Babalioglu
Radivoje Petrikić                 T +90 212 401 4260
T +381 11 3208 900                E alican.babalioglu@ybb-av.com
E radivoje.petrikic@cms-rrh.com

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                                                             The information held in this publication is for general purposes and guidance only and does not purport
                                                             to constitute legal or professional advice.
© CMS Legal Services EEIG (April 2021) – 2104-0143517 DCUK

                                                             CMS Legal Services EEIG (CMS EEIG) is a European Economic Interest Grouping that coordinates an
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