legal issues for cdos
TRANSCRIPT
Legal Issues for Chief Data Officers
William A. Tanenbaum Head, IP & Technology Transactions Group New York and Palo Alto
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Data Classes
• Internal Enterprise Data
– Combination of hour company’s different sales channels and customer/product lines
• From public sources
• From third party data providers
• From Internet of Things
• Machine learning (computer to computer)
• Data used for internal analytics and for monetization by third party sharing and combination
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Outsourcing Causes Data Breaches • 2013 Trustwave Global Security Report on 450 database breaches found
that:
– 63% due to third-party IT providers
• Where is the CDO?
– Not involved in outsourcing or other IT or data RFPs
– RFP scoring: lowest price > data security risk
– Recommend data manager as well as account manager in steady state
– Deal team vs. operations team .
– Multi-vendor IT environment
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Remediation
•Gap analysis of existing contracts
–Old technology vs. new cyber threats
–Ensuring data restoration is a covered damage (not excluded as “consequential)
•Renegotiate to remediate
•New contracts
–Involve CDO in RFP
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All Privacy is Contextual
• Who sees what information for what purpose?
• Software agents vs. human beings
–To decide which data is shared in specific contexts
• Using business drivers to allocate ownership vs. license rights for custom software and for joint developments
–In some cases it is better to allow vendor to own IP rights
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Intellectual Property
• Scope of IP protection
• Data sharing > pure ownership
• Yes, data is asset, but only if contract says so
• Need private vs. statutory arrangement
• Data sets and competitive advantage
• Selecting the flavor of open source
• Customizations: ownership vs. licensing
• Joint Ownership: unexpected consequences
• Dynamic dashboards
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How Long to Keep Data
•Prediction: Revisiting corporate data retention rules
•Litigation risk mitigation vs. revenue generation from data analytics
•No single rule: retention will also be contextual
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BOYD Ecosystem
•BOYD = avenue for security breach
•Really “Bring Your Own Infrastructure” to work
•Cloud is no longer disruptive
•Smartphone-centric ecosystem
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New Approach to Persistent Attacks
•Present: SLAs and penalties
•Recommended: model on cooperation with FBI after state actor attack
•Theory : grammatical errors constitute a business model
Thank You
William A. TanenbaumHead, IP & Technology Transactions Group “Lawyer of the Year” in IT in NY in [email protected] 212-836-7661
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William A. Tanenbaum, Partner, Kaye Scholer
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Bill Tanenbaum is the Head of the law firm Kaye Scholer’s multidisciplinary, multi-office IP & Technology Transactions Group, which is ranked in the First Tier at the National Level by US News & World Report/Best Lawyers. Bill was named “Lawyer of the Year 2013” in IT in NY by Best Lawyers in America. He is ranked in Band One in Technology & Outsourcing in NY by Chambers, America’s Leading Lawyers for Business, which found that he “built one of New York City’s most outstanding transactional IT practices.” IP Law Experts Guide named Bill as “The Recommended IT Lawyer in New York.” (Only a single attorney is designated in each state.) He is past President of the International Technology Law Association and currently a VP of the Society for Information Management (NY), a CIO industry association where he serves as the only lawyer on the Board. Clients and peer attorneys say he is “one of the best IP attorneys I have worked with” (LMG CleanTech Guide); “smart, practical, tactical and highly strategic,” “an effective negotiator” (Chambers); “intellectual yet pragmatic” and “among the foremost IT licensing experts and a leading authority on related issues such as data security, privacy and social media” (World’s 250 Leading Patent and Technology Lawyers). His practice areas include outsourcing, IT, offensive and defensive IP strategies, vendor management, data security and data flows, IT and IP aspects of corporate transactions, technology agreements and licensing, Big Data in procurement and supply chain management, and sustainability. He graduated from Brown University (Phi Beta Kappa) and Cornell Law School.
Copyright ©2014 by Kaye Scholer LLP, 425 Park Avenue, New York, NY 10022-3598. All rights reserved. This publication is intended as a general guide only. It does not contain a general legal analysis or constitute an opinion of Kaye Scholer LLP or any member of the firm on the legal issues described. It is recommended that readers not rely on this general guide but that professional advice be sought in connection with individual matters. Attorney Advertising: Prior results do not guarantee future outcomes.
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