Privacy Laws & Business

International Privacy Officers Network

Negotiating Successful Binding Corporate Rules Programs for International Transfers of Personal Data;

Hot Privacy Issues for HR Managers in the European Union

Wednesday March 8th, 2006

Washington DC

Host: DLA Piper Rudnick Gray Cary US LLP

Program

9.30am. Coffee and Registration

Chair: Stewart Dresner, Chief Executive, Privacy Laws & Business, London

10.00am. Welcome

Alisa Bergman, Attorney and Partner, DLA Piper Rudnick Gray Cary US LLP, Washington DC

10.05am. Introduction to Privacy Laws & Business and the International Privacy Officers Network, and its involvement in Binding Corporate Rules and HR issues in the EU

Stewart Dresner, Chief Executive, Privacy Laws & Business, London

10.15am. The options for transferring personal data from the European Economic Area to the USA and beyond when the Safe Harbor is insufficient

·  EU model contracts

·  ICC alternative model contracts

·  Binding Corporate Rules

But…some differences between the EU Member States on Binding Corporate Rules

·  Compatibility of a BCR and national law, in principle

·  Legal status of a BCR scheme, in practice

·  Need for separate approval in some countries

·  Approval timetable

·  In practice, the likelihood of a country refusing a BCR application

Alisa Bergman, Attorney and Partner, DLA Piper Rudnick Gray Cary US LLP, Washington DC and Rosa Barcelo, Attorney, DLA, Brussels, and until recently at the Data Protection Unit, The European Commission, Brussels

10.45am. EU Privacy Regulators' requirements for a successful Binding Corporate Rules strategy: the top 10 considerations

1. Which regulator should you apply to?

2. How much information do you need to provide?

3. How do you make the BCRs binding on your group?

4. How do you make the BCRs binding on your people?

5. How do you bind subcontractors?

6. How do you give effective rights to individuals?

7. How do you demonstrate compliance?

8. Do you need to submit to audits?

9. How many regulators should you apply to at once?

10. How long is this all going to take?

Christopher Millard, Partner, Linklaters, London

11.15am. Coffee

11.30am. Turning your existing privacy compliance activities into an effective Binding Corporate Rules strategy: Accenture's experience

·  obtaining management buy-in

·  adapting privacy policies and procedures

·  providing informationto staff, contractors, clients / customers

·  using inter-company agreements and third party contracts

·  rolling out training

·  adapting audit procedures

·  managing relationships with regulators

Bojana Bellamy, Global Data Privacy Compliance Lead, Accenture, London

12.00 Sharing of plans and experience by other companies on progress with their BCR applications

·  Choice of lead country

·  Initial reaction

·  Issues needing to be clarified

·  Ease of dialogue and meeting of minds

·  Timetable

The participants

12.15 General Electric’s Binding Corporate Rules Program: Work in progress

·  Why BCRs?

·  Collaboration with Data Protection Authorities and their staff

·  Making the BCR "real" internally

·  Enforcing compliance going forward

Nuala O'Connor Kelly, Chief Privacy Leader & Senior Counsel, General Electric, Washington DC

1pm. Networking buffet lunch

1.50pm. Other hot issues in European Union countries involving the interaction of privacy and labor laws

Introduction: The EU Art. 29 Data Protection Working Party’s February 1st Opinion on how the EU’s data protection rules apply to company’s whistle blowing programs

Stewart Dresner, Chief Executive, Privacy Laws & Business, London

1. Whistle blowing lines: Sarbanes-Oxley vs. European Data Protection Laws

France

2.05.pm. The CNIL’s rule making and its impact on McDonald’s

Leticia Limon, Counsel, Global Corporate Compliance and Privacy, McDonald's Corporation, Oak Brook, Illinois

2.35.pm. How Kodak has kept out of trouble …. so far

Brian O’Connor, Chief Privacy Officer, Eastman Kodak, Rochester, New York

3.05.pm. The BSN-Glasspack case

Stewart Dresner, Chief Executive, Privacy Laws & Business, London

3.10pm. United Kingdom

What whistle blowing problem? The Public Interest Disclosure Act 1998

3.15pm. Sharing of experience by the speakers and other participants

3.30pm. HowEuropean privacy laws regulate employee surveillancewith specific examples from threeEuropean countries

·  E-mail

·  Internet

·  Closed circuit television

Cameron Craig, Solicitor and Partner, DLA Piper Rudnick Gray Cary UK LLP, Sheffield, United Kingdom

3.50pm. Sharing of experience by the speakers and other participants

4pm. How to deal with European works councils and better manage privacy conflicts

Anne Coles, Consultant, Privacy Laws & Business

European Works Councils (EWCs)

·  What they are and how they arise

·  What employers are required to do

·  What information employers are required to disclose

Implementation in the UK

European Data Protection and Privacy Laws – potential conflicts with disclosure requirements of EWCs

Works Councils in Germany

·  The Wal-Mart litigation

·  Practical steps you can take to reduce conflicts between labour law and data protection

4.30pm. Sharing of experience by the speakers and other participants

4.45pm. Next steps for DLA and the International Privacy Officers Network

Alisa Bergman, Attorney and Partner, DLA Piper Rudnick Gray Cary US LLP, Washington DC

Stewart Dresner, Chief Executive, Privacy Laws & Business, London

5pm. Close

Stewart Dresner, Chief Executive,

Privacy Laws & Business,

March 6th 2006

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