GC Summit Paris 2021

Acknowledging the critical concepts of data protection and cyber security, this panel will focus on the most effective ways to stay up to date with challenges posed by existing and incoming regulations and threats. The panel will discuss effective, workable and business-oriented solutions that are needed for organisations to be as safeguarded and compliant as possible, and where general counsel can prove to be the leading lights within their business in successfully navigating these challenges.

Discussion points may include:

• Harmonization and the relationship between cross-border data transfers
• How can you protect your IP when it is intangible?
• Best practices of cyber security management and the role advisory firms play in protecting international companies.
• Evaluating the legal regulation and mechanisms of cross-border data transfers
• The impact of data protection in artificial intelligence
• Win the hearts and minds of the business to develop a culture willing to embed data protection
• Practically consider the impact of the proposed e-privacy regulation

This panel will cover global investigations, involving the pros and cons of self-reporting as well as dedicated discussion surrounding whistleblowing, including practical dilemmas and solutions concerning safe channels of communications, best practices and key “do”s and “don’ts”. The panel will also consider the question of whether or not to “out-source” whistleblowing communication channels, as well as cover internal investigations and anticorruption due diligence of commercial parties. GDPR related risks and whether there are any solutions to avoid them will also be discussed, as well as if they are covered by legal privilege, and if so, who, what and to what extent is or is not covered by such privilege?

Discussion points may include:

• How do organisations approach the question of self-reporting?
• While this can enable a company to demonstrate a culture of good compliance and to move quickly to remediate and disclose, it can limit a company’s ability to control disclosure of the internal investigation. Is there a “right answer” when it comes to knowing when to self-report?
• Do the benchmark discounts on penalties make self-reporting the best course of action? E.g. the Foreign Corrupt Practices Act (FCPA) programme talks of a 50% discount available to companies that self-disclose and then later self-report.
• How are companies developing effective whistleblowing mechanisms? Have they established a reportable concerns office and a whistleblowing champion?
• Are companies concerned about civil litigation arising in parallel to the criminal investigation? Have they conducted risk assessments on the disclosure and privilege issues that may arise in in common law countries?

Where encountered, economic sanctions can pose a critical threat to the function of business. The importance of ensuring sufficient resources and planning have been allocated to deal with these threats is therefore of a vital nature. This panel will discuss a number of different points relevant to in-house counsel about economic sanctions, including the risk of compliance failures, due diligence, reputation management and appropriate frameworks that can be put in place to ensure exposure to and damage from sanctions is either limited or avoided entirely.

Discussion points may include:

• Contextualising sanctions: What do sanctions mean for the economy, market sector and overall business plans in a given region, and what can compliance failures mean for an organisation?
• Due diligence: How can GCs ensure appropriate precautions are taken to avoid problems related to economic sanctions, and are considered before a decision to invest is taken?
• Reputational aspects: How in-house counsel can assist during crisis management discussions with the business, in the event that sanctions have been imposed and are affecting business, or are damaging an organisation’s reputation.
• Liaison: What systems, frameworks or resources are in place that can be drawn upon if economic sanctions arise?