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Bret Cohen

Partner, Privacy and Cybersecurity Practice at Hogan Lovells

Professional Background

Bret Cohen is an accomplished lawyer and technologist specializing in privacy, cybersecurity, and consumer protection laws. With a strong commitment to helping both technology firms and traditional brick-and-mortar businesses navigate the complex legal landscape, Bret serves as a vital resource for companies striving to comply with ever-evolving regulations. His expertise goes beyond mere compliance; he is known for his ability to translate intricate legal standards into practical technical requirements, facilitating a smoother user experience for clients and their customers alike.

Currently a partner at Hogan Lovells, one of the world’s largest law firms, Bret has been instrumental in advising a diverse array of clients on legal issues that intersect with cutting-edge technology. His focus areas include cloud computing, social media platforms, mobile applications, online tracking and analytics, and software development. Bret’s multifaceted understanding of technology and law allows him to provide comprehensive advice that not only mitigates risk but also empowers businesses to thrive in the digital economy.

In addition to his advisory role, Bret is an active participant in litigation and government investigations pertaining to privacy and cybersecurity. His clients benefit from his strategic insights and ability to manage sensitive compliance challenges, particularly as global privacy laws continue to change at a rapid pace.

Education and Achievements

Bret Cohen's academic background shaped his path toward becoming a leader in his field. He graduated cum laude with honors in Computer Science, Information Systems from the University of Maryland College Park. This technical foundation laid the groundwork for his understanding of technology's intersection with the law.

Pursuing further education, Bret earned his Juris Doctor (J.D.) degree with high honors from The George Washington University, where he was recognized as part of the prestigious Order of the Coif. This recognition is awarded to those who have demonstrated exceptional academic performance in the study of law. Bret's educational achievements not only highlight his dedication to learning but also reflect his deep understanding of both legal theory and its practical applications.

Notable Contributions

Bret’s contributions to the field extend to public speaking and writing as well. A frequent speaker at industry conferences, he shares his expertise on compliance with global privacy laws, focusing on crucial aspects such as cross-border transfer restrictions and data localization requirements. Through his engagement with various industry stakeholders, Bret emphasizes the significance of understanding the impact of government surveillance on businesses and consumer trust.

In addition to his speaking engagements, Bret writes regularly on developments in privacy and cybersecurity law. He contributes to the Hogan Lovells Chronicle of Data Protection, a reputable resource for legal and technical professionals seeking to stay ahead of changes in privacy regulations. Through his publications, he not only informs but also influences thought leadership in the field.

Bret’s philosophy that privacy is not merely a compliance burden, but rather a strategic advantage, sets him apart from many of his peers. He advocates for privacy-enhancing policies and technologies that can lead to improved business performance and enhanced customer relationships. By promoting a proactive approach to privacy management, Bret positions his clients to not only meet today's legal requirements but also prepare for the obligations and expectations of the future.

Closing Thoughts

With a solid education, a wealth of experience, and an unwavering commitment to aiding his clients in navigating the complexities of modern legal frameworks, Bret Cohen is a trusted advisor in the realms of privacy, cybersecurity, and consumer protection laws. His dual expertise in technology and law serves as an invaluable asset for businesses striving to understand and comply with current and forthcoming regulations. As privacy continues to be at the forefront of global discussions, Bret’s leadership and insight are likely to remain influential in shaping responsible and effective business practices well into the future.

Highlights

Apr 15 · linkedin

Very grateful to John Edwards and Graham Doyle for sharing their goals and perspectives on UK, Irish, and European data protection enforcement at our panel at the IAPP Global Privacy Summit a couple weeks ago, and to my sharp and witty co-moderator Jeanne Kelly for keeping things lively and on-point.

While there were many take-aways, it was important for the audience in the U.S. to hear some key themes, which will hopefully de-mystify the European regulatory process and result in better levels of understanding and engagement:

▪ As with U.S. privacy regulators, the north star in picking enforcement priorities is harm to ordinary people. This has led to current focuses on children’s privacy, default privacy settings, AdTech/cookies, and AI/biometrics (including in the workplace). Also mentioned: transfers to China and non-adequate jurisdictions besides the U.S.

▪ Goal is outcome-based regulation, with a focus on actions and remedies that will mitigate risk of harm going forward. The ICO does not "put the bayonet on" before it reaches out to organizations about a potential issue. But be direct and responsive. Evasiveness will result in more attention.

▪ Data subject rights requests continue to be a major theme. While these take up a lot of supervisory authorities’ bandwidth, they cannot be ignored. When presented with a question about whether to limit DSARs given their use as a pre-litigation discovery tool to leverage settlements, Edwards responded: “Nonsense.” Submitting DSARs is a fundamental right regardless of the ultimate use (including discovery), and organizations who collect personal data must be prepared to respond to all of them.

▪ Both regulators encouraged organizations to engage with them before launching significant data initiatives. They maintain teams available for consultations, and goal is advise on how to enable innovation while protecting privacy. But don’t submit it to them one week before the project is scheduled to launch, or ask to sign a non-disclosure agreement!

Related Questions

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What insights can Bret Cohen provide on the future of privacy regulations and their impact on businesses?
Bret Cohen
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Location

Washington, District of Columbia, United States