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Dan Cooper

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing clients in regulatory proceedings before privacy authorities in Europe and counseling them on their global compliance and government affairs strategies. Dan regularly lectures on the topic, and was instrumental in drafting the privacy standards applied in professional sport.

According to Chambers UK, his "level of expertise is second to none, but it's also equally paired with a keen understanding of our business and direction." It was noted that "he is very good at calibrating and helping to gauge risk."

Dan is qualified to practice law in the United States, the United Kingdom, Ireland and Belgium. He has also been appointed to the advisory and expert boards of privacy NGOs and agencies, such as Privacy International and the European security agency, ENISA.

While the EU Directive on Unfair Terms in Consumer Contracts prohibits certain clauses in standard (i.e., unilaterally imposed) contracts between businesses and consumers, some recently enacted EU laws restrict the use of certain clauses in standard contracts between businesses (“B2B”).  The Data Act is the latest example of such a law, as it prohibits certain “unfair contractual terms” (“Unfair Clauses”) in standard contracts between businesses relating to the access and use of data.  As such, it has a potentially very wide scope.  Businesses entering into such a contract should therefore ensure that they do not include any clause that could be considered “unfair” because such a clause would not be binding on the other party to the contract. This blog post focuses specifically on the Data Act’s provision on Unfair Clauses.  For more information on the Data Act, see our previous blog post.Continue Reading EU Data Act Regulates Business-to-Business Contracts Relating to Access and Use of Data

On January 24, 2024, the European Commission (“Commission”) announced that, following the political agreement reached in December 2023 on the EU AI Act (“AI Act”) (see our previous blog here), the Commission intends to proceed with a package of measures (“AI Innovation Strategy”) to support AI startups and small and medium-size enterprises (“SMEs”) in the EU.

Alongside these measures, the Commission also announced the creation of the European AI Office (“AI Office”), which is due to begin formal operations on February 21, 2024.

This blog post provides a high-level summary of these two announcements, in addition to some takeaways to bear in mind as we draw closer to the adoption of the AI Act.Continue Reading European Commission Announces New Package of AI Measures

From February 17, 2024, the Digital Services Act (“DSA”) will apply to providers of intermediary services (e.g., cloud services, file-sharing services, search engines, social networks and online marketplaces). These entities will be required to comply with a number of obligations, including implementing notice-and-action mechanisms, complying with detailed rules on terms and conditions, and publishing transparency reports on content moderation practices, among others. For more information on the DSA, see our previous blog posts here and here.

As part of its powers conferred under the DSA, the European Commission is empowered to adopt delegated and implementing acts* on certain aspects of implementation and enforcement of the DSA. In 2023, the Commission adopted one delegated act on supervisory fees to be paid by very large online platforms and very large online search engines (“VLOPs” and “VLOSEs” respectively), and one implementing act on procedural matters relating to the Commission’s enforcement powers. The Commission has proposed several other delegated and implementing acts, which we set out below. The consultation period for these draft acts have now passed, and we anticipate that they will be adopted in the coming months.Continue Reading Draft Delegated and Implementing Acts Pursuant to the Digital Services Act

On December 9, 2023, the European Parliament, the Council of the European Union and the European Commission reached a political agreement on the EU Artificial Intelligence Act (“AI Act”) (see here for the Parliament’s press statement, here for the Council’s statement, and here for the Commission’s statement). Following three days of intense negotiations, during the fifth “trilogue” discussions amongst the EU institutions, negotiators reached an agreement on key topics, including: (i) the scope of the AI Act; (ii) AI systems classified as “high-risk” under the Act; and (iii) law enforcement exemptions.

As described in our previous blog posts on the AI Act (see here, here, and here), the Act will establish a comprehensive and horizontal law governing the development, import, deployment and use of AI systems in the EU. In this blog post, we provide a high-level summary of the main points EU legislators appear to have agreed upon, based on the press releases linked above and a further Q&A published by the Commission. However, the text of the political agreement is not yet publicly available. Further, although a political agreement has been reached, a number of details remain to be finalized in follow-up technical working meetings over the coming weeks.Continue Reading EU Artificial Intelligence Act: Nearing the Finish Line

On July 10, 2023, the European Commission adopted its adequacy decision on the EU-U.S. Data Privacy Framework (“DPF”). The decision, which took effect on the day of its adoption, concludes that the United States ensures an adequate level of protection for personal data transferred from the EEA to companies certified to the DPF. This blog summarizes the key findings of the decision, what organizations wishing to certify to the DPF need to do and the process for certifying, as well as the impact on other transfer mechanisms such as the standard contractual clauses (“SCCs”), and on transfers from the UK and Switzerland.Continue Reading European Commission Adopts Adequacy Decision on the EU-U.S. Data Privacy Framework

Late yesterday, the EU institutions reached political agreement on the European Data Act (see the European Commission’s press release here and the Council’s press release here).  The proposal for a Data Act was first tabled by the European Commission in February 2022 as a key piece of the European Strategy for Data (see our previous blogpost here). The Data Act will sit alongside the EU’s General Data Protection Regulation (“GDPR”), Data Governance Act, Digital Services Act, and the Digital Markets Act.Continue Reading Political Agreement Reached on the European Data Act

There has been a substantial increase in the use of the Internet across the African continent, aided by ongoing investment into local digital infrastructure, reduction in the associated costs, and improved user access. This has allowed both individuals, and private and public entities, the ability to access, collect, process and/or disseminate personal data more easily,

In Episode 12 of our Inside Privacy Audiocast, together with special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa, we discussed the Information Regulator’s mandate and the implementation of data protection legislation in South Africa.  Now, with less than a month to go before South Africa’s Protection of Personal Information Act, 2013 (“POPIA”) takes full effect on July 1, 2021, it is critical for organizations operating in South Africa to ensure that they are ready, if and when the Information Regulator comes knocking.

It is only when organizations start their POPIA journey that they realize just how wide the POPIA net is cast, and that very few businesses fall outside of its reach.  The road to POPIA compliance should be viewed as a marathon, and not a sprint.  While implementing and maintaining an effective POPIA compliance program will take continued effort and resources well beyond the July 1, 2021 go-live date, here we outline five steps to which companies subject to POPIA should give their attention in the short term.Continue Reading Final Countdown to POPIA Compliance: Five Critical Steps to Take Before July 1st, 2021

On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data.  The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), while the second would allow EU law enforcement agencies to transfers personal data subject to Directive 2016/680 — the Data Protection and Law Enforcement Directive (LED) — to their UK counterparts.
Continue Reading European Commission Publishes Draft UK Adequacy Decisions

On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in the Initiative’s inception impact assessment issued in December last year. The consultation runs until April 15, 2021, and the Commission intends to propose the necessary legislation by the end of the second quarter of 2021.
Continue Reading European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse