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If You Prepare, a Data Security Incident Will Not Cause an Existential Crisis

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Linda Clark and Dan Alam published an article in Help Net Security that advised readers on how to prepare for a data security incident to avoid it evolving into a broader crisis. 

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Linda Clark and Dan Alam published an article in Help Net Security that advised readers on how to prepare for a data security incident to avoid it evolving into a broader crisis. The authors highlighted team-oriented planning and system-oriented planning, emphasizing the importance of understanding and trusting both the team and the operations of one's company.Read the <a href="https://www.helpnetsecurity.com/2024/01/09/data-security-incident/" target="_blank">full article</a>.

If You Prepare, a Data Security Incident Will Not Cause an Existential Crisis

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Linda Clark is a partner in Morrison Foerster’s Privacy + Data Security Group. Prior to joining the firm, Linda served as the Chief Data Security Counsel for RELX, where she led the data security legal compliance efforts for RELX in over 40 countries and across their operations in four different market segments worldwide. Prior to that, Linda was a litigator at a large New York law firm. She has over 20 years’ experience advising clients, including on data security best practices and obligations, designing and implementing frameworks for compliance across large multinational organizations, and in complex litigation and regulatory matters.Linda’s practice centers on crafting strategic and comprehensive data security risk management programs, providing business-focused and practical advice, and leveraging her knowledge and deep experience to help organizations and their stakeholders, at all levels, prepare for and respond to incidents on a global and operationally feasible basis. This includes working with clients to proactively prepare for cyber incidents, including by developing incident response programs and risk assessment methodologies and conducting tabletop exercises for global audiences of varying seniority and responsibility. This comprehensive approach to incident readiness helps organizations hone the skills they will need to support critical decision making in high-stakes situations, allowing organizations to implement and leverage an incident response framework that goes beyond legal compliance and supports ethical decision-making.A defining aspect of Linda’s counsel is her ability to translate complex legal issues into actionable advice while accounting for the myriad and diverse concerns of stakeholders at all levels of an organization. She combines an in-depth understanding of technology and cybersecurity with knowledge of the challenges and opportunities clients face when addressing real-world issues. She has a broad command of global privacy and data security laws, having worked on matters in the United Kingdom, the United States, France, Japan, the Netherlands, South Africa, Australia, China, Austria, Brazil, the Philippines, and Germany. She frequently engages with regulators and law enforcement, enabling her to understand and navigate regulatory reviews, third-party audits, and investigations on behalf of her clients around the globe.An industry thought leader, Linda frequently speaks at conferences and educational institutions and is sought out by leading publications and think tanks for her analysis on timely data security and privacy issues, including the American Bar Association (ABA) Cyber Security Institute on topics such as ethical obligations to secure client information, cybersecurity risks, trends in the law relating to data security, and risk management and minimization strategies. Linda also speaks at schools and universities to educate younger generations about safeguarding their digital identities. Additionally, Linda works with leading U.S. nonpartisan, nonprofit law-and-policy think tank, the Sedona Conference, where she has served on the Data Security and Privacy Liability Leadership Council since 2017.Linda graduated cum laude from Barnard College, Columbia University, and is a graduate of the University of Michigan Law School. While at Barnard, Linda was a Research Assistant for the Human Learning and Memory lab, and also focused her studies on human and primate cognition. She is also a Certified Information Privacy Professional (CIPP/US) and a Steering Committee Member, New York City Bar’s Cyrus R. Vance Center for International Justice, Miami Chapter of “Women in the Profession.” She previously served on the Steering Committee for the Cybersecurity Leaders’ Roundtable as well as on the Executive Committee of the Leukemia and Lymphoma Society.

Linda Clark

Partner

Dan Alam is a member of Morrison Foerster’s Global Privacy + Data Security and Employment + Labor Groups, based in London.A dynamic lawyer and pragmatic problem solver, Dan supports clients on their contentious, advisory and transaction-related data protection and employment issues on a UK, pan-European and global level. He is described by Legal 500 UK as advising on the “intersection of employment and data protection law”.He regularly works on multijurisdictional projects, and advises clients in a variety of sectors, such as those operating in the technology, media, insurance, pharmaceutical, hospitality, retail, shipping and logistics industries.Dan has a wide breadth of experience advising on a range of complex matters, such as supporting clients with deploying artificial intelligence (AI) systems, responding to data security incidents and creating comprehensive whistleblowing compliance programs. Dan also regularly assists clients with internal investigations and their dealings with data protection regulators.Dan is a founding member and a main contributor to MoFo’s <a href="/gdpr-european-privacy/whistleblowing" target="_self">Whistleblowing Resource Center</a>, which is relied upon by many organizations to support their compliance efforts, and is also leveraged by Thomson Reuters Practical Law to provide <a href="https://uk.practicallaw.thomsonreuters.com/w-034-1767?transitionType=Default&contextData=(sc.Default)&firstPage=true" target="_blank">updates</a> to its subscribers. Dan has been closely monitoring the implementation of the European Union (EU) Whistleblowing Directive since its inception. He has presented on and advised clients on the implementation of the Whistleblowing Directive across the EU, and regularly provides practical advice to clients on the new requirements and how to incorporate them into their global whistleblowing and investigations processes. Examples of Dan’s other experience include:<ul><li>Advising technology companies and a global logistics and delivery company on the launch of new products, including those involving AI.</li><li>Providing support to clients on how to comply with cross-border data transfer and data localization restrictions.</li><li>Helping to respond to regulatory requests from the UK Information Commissioner's Office (ICO) and other data protection regulators, including in relation to direct marketing, the collection and use of children’s data and the ICO’s Children’s Code and data security incidents.</li><li>Advising on age assurance mechanisms and obligations under the UK Online Safety Act.</li><li>Defending clients against claims for compensation in respect of alleged breaches of privacy and data protection law.</li><li>Negotiating data processing agreements on behalf of clients acting as controllers and/or processors.</li><li>Providing specialist data protection and employment support on various public and private transactions, with particular experience advising on the acquisition of technology and AI companies.</li><li>Guiding employers on their employee monitoring practices and the collection of diversity and inclusion data.</li><li>Representing the administrators of a technology company in respect of an asset sale of its business, advising on collective redundancy and Transfer of Undertakings (TUPE) issues.</li><li>Participating in industry working groups to respond to government consultations on employee data protection issues.</li></ul>Before joining Morrison Foerster, Dan spent two months working at the Irish Data Protection Commission.Dan actively contributes to the firm’s pro bono initiatives by working for a variety of charities and NGOs. In addition to assisting organisations on data protection and employment matters, he also advises on social security and statelessness issues. Dan was part of the collaboration between Asylum Aid and various law firms that was recognized with the “Excellence in Pro Bono” Award by the Law Society of England and Wales in 2021 for work addressing the issue of statelessness in the United Kingdom. Dan is also co-chair of the Morrison Foerster London ethnic minority network – MoFo Together.Dan is qualified as a solicitor in England and Wales.

Dan Alam

Associate

Privacy + Data Security