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Global: Key data privacy & cybersecurity developments for 2024

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Managing opportunity and risk in an information-driven digital world

Data is a critical asset in today’s globally connected economy. Rapidly evolving technologies have made it easier than ever for companies to collect, use and transfer data throughout the world. Yet strict data protection, privacy and cybersecurity regulation is evolving rapidly, imposing complex and often inconsistent standards.

Our Global Data Privacy & Cybersecurity Handbook is updated annually to help you keep up with the dynamic legal landscape. We provide detailed overviews and allow a comparative perspective of the increasingly complex and sophisticated data privacy and cybersecurity standards in over 50 countries.

In our updated edition, as well as capturing new and pending legislation in jurisdictions across the globe, we have expanded content relating to key areas of activity for 2024:

  • AI and cybersecurity regulation. The EU continues to drive regulation, and the new EU AI Act and the expanded Network and Information Security 2 (NIS2) Directive will start to impact how companies address global AI governance and make cybersecurity a board-level issue for virtually all industry sectors. We are also seeing a rapidly evolving legislative and regulatory landscape for AI and cybersecurity across the globe, with new legislation or regulation on the horizon in at least 40 jurisdictions worldwide, and have added new questions addressing these fast-moving areas in our updated handbook. This includes new content on the use of artificial intelligence, automated decision-making or profiling in an employment context, which is an area of regulatory focus from both a data privacy and employment law perspective.
  • Cyber and privacy risk in transactions. As companies aim to stay in step with technology advancements and market-leading innovation, M&A and other financing activity will grow in spaces that are undergoing significant review by regulators. We have added new content on the treatment of pre-acquisition data or cyber breaches in share and asset sales, and on the (lack of) guidance from regulators on data privacy compliance in the context of transactional activity.

We can help companies to navigate the myriad of challenging data protection, privacy and cybersecurity laws, regulations and guidance, in all regions globally where our team of experts are ready where you need us.

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Author

Cyrus Vance Jr. has earned a well-deserved international reputation as a trial attorney with a proven track record in high-stake litigation and global investigations. As the Co-Chair of Baker McKenzie's North America Litigation and Government Enforcement Practice, Cyrus is well-known for his expertise in white collar criminal investigations, complex civil and criminal litigation, sanctions enforcement, compliance and cybersecurity. With over three decades of experience in both public and private sector, Cyrus provides invaluable guidance to clients navigating cross-border investigations, enforcement matters, and cybersecurity incidents.
Prior to joining the Firm, Cyrus served three consecutive four-year terms as Manhattan District Attorney, overseeing a team of over 600 prosecutors. He handled landmark criminal prosecutions, including the successful litigation before the U.S. Supreme Court in Trump v. Vance and the conviction of Harvey Weinstein on two felony sex crimes. He also managed more than 100,000 cases annually, including complex white collar and business crimes both domestically and internationally. Cyrus regularly collaborated with regulatory and crime-fighting partners such as the City of London Police, Paris Prosecutors' Office, Singapore Attorney General, Europol and Interpol, and is known for his ability to build and manage teams collaboratively across borders and agencies.

Author

Brian Hengesbaugh is Chair of the Firm's Global Data Privacy and Security Business Unit, a Member of the Firm's Global IP Tech Steering Committee, and a Member of the Firm's Financial Institutions' Group. Brian is listed in The Legal 500 Hall of Fame and was recognized as a Regulatory & Compliance Trailblazer by the National Law Journal. He is also listed as a Leading Lawyer for Cyber law (including data protection and privacy) in The Legal 500 and is listed in Chambers. Formerly Special Counsel to the General Counsel of the US Department of Commerce, Brian played a key role in the development and implementation of the US Government’s domestic and international policy in the area of privacy and electronic commerce. In particular, he served on the core team that negotiated the US-EU Safe Harbor Privacy Arrangement (Safe Harbor), and earned a Medal Award from the US Department of Commerce for this service. In addition, Brian participated on behalf of the United States in the development of a draft Council of Europe Treaty on Cyber Crime, and in the negotiation of a draft Hague Convention on Jurisdiction and the Recognition of Foreign Judgments. Brian has been quoted in the Wall Street Journal, New York Times, Forbes, CNET, Slate Magazine, Compliance Weekly, BNA Bloomberg, PCWorld and other news publications on global privacy and security issues.

Author

Carolina Pardo joined Baker McKenzie in 1994 and is a Partner of the Firm since 2008. She is currently a member of the Global Steering Committee for the Firm’s TMT industry group and of the Global Steering Committee for the Firm’s Investigation, Compliance and Ethics Group. She was a member of the Global Steering Committee for the Firm’s Global Antitrust and Competition from 2016 and until 2020 and is currently a member of the Latam's Antitrust Steering Committee.
She graduated as a lawyer and a specialist in International Contracts Law from Universidad de los Andes in Bogotá. She obtained a LL.M. with emphasis in International Private Law and Competition Law from the London School of Economics and Political Science.
Over 25 years, she has advised major national and international clients on matters related to compliance with data protection, competition and consumer law rules. She has represented clients in investigations and submissions related to data protection and competition matters in Colombia and has successfully coordinated and prepared white paper proposals to national authorities on behalf of major industrial groups in Colombia.
In 2016 Global Competition Review selected her as one of the 100 most influential women in antitrust. The last two Superintendents of Industry and Commerce have selected Carolina as a Non-Governmental Advisor to the Colombian Antitrust Regulator.

Author

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.

Author

Anne has been with Baker McKenzie since 2001. Prior to that, she spent four years with the Australian Attorney-General's Department/Australian Government Solicitor mostly working on large IT projects. In her time at Baker McKenzie, Anne has spent 18 months working in London (2007-2008) and more recently three years working in Singapore (2017-2020). Anne is currently the Asia Pacific head of the International Commercial & Trade Group and global co-lead of the Firm's supply chain client solutions initiative.

Author

Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Elisabeth Dehareng joined Baker McKenzie's Brussels office in 2003 and is a partner since 2014 in the Information Technology & Communications and Intellectual Practice Groups. She was admitted to the Brussels bar in 2003. She is a member of the EMEA IP Tech Steering Committee. Elisabeth is regularly mentioned in publications such as Legal 500 and Chambers.

Author

Vin is well regarded and considered to be a ‘long-standing recognised leader in data privacy and regulatory matters stemming pre-GDPR to present day, arguably making him the go-to person’. Vin leads our London Data Privacy practice and is also a member of our Global Privacy & Security Leadership team bringing his vast experience in this specialist area for over 22 years, advising clients from various data-rich sectors including retail, financial services/fin-tech, life sciences, healthcare, proptech and technology platforms.

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