Hogan Lovells calls for collaboration between policy makers and businesses to encourage innovation with new Privacy 2040 initiative

To lead on the discussion in this area, the firm’s market-leading practice is launching a new initiative: Privacy 2040. The project will provide a platform for thought leadership in this area, aiming to encourage long-term collaboration between businesses, policy makers and regulators.

The initiative will involve in-depth strategic discussions with businesses about the impact of existing and future regulatory frameworks, as well as proactive engagement with policy makers in the form of written papers, one-to-one meetings, roundtable discussions and events.

Initial analysis from Hogan Lovells reveals potential concerns over the following, for example: 

• The legal justification for global uses of personal information – from the role of consent to public and legitimate interests
• The current and forthcoming regulation of tech developments such as AI, facial recognition and connected devices
• The practical implementation of the Data protection by design and by default legal requirement to bear data protection in mind from the design stage right through a product’s lifecycle
• The process for regulatory recognition and approval of international data transfers mechanisms (highlighted by both Brexit and the CJEU “Schrems II” case)
• The EU ePrivacy framework, regulating the use of cookies online (also explored in a recent Hogan Lovells study)
• The regulatory approach to personalisation based on profiling
• In relation to Brexit, the future of the UK legal framework and privacy regulator

Commenting on the launch of Privacy 2040, Eduardo Ustaran, Co-Head of the global Privacy and Cybersecurity practice based in London, said: "There is constant tension between the unstoppable evolution of technology and the efforts by legislators, regulators and the courts to safeguard people's privacy in the data economy. This creates an opportunity to come together and find  solutions.  Through Privacy 2040, we will use our leadership in this area to bring together those tackling this issue and help support innovation as well as the adoption of responsible, forward-looking privacy and cybersecurity practices."

Marcy Wilder, Co-Head of the practice based in Washington, D.C., added: "Much of the privacy concern brewing against cutting-edge technology and global platforms highlights the challenges of finding an effective balance between privacy, innovation and competitiveness.  Through the new initiative, we’d like to help promote constructive dialogue across industries and government that will help as we travel together into our shared digital future."