Today the European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There were three key elements to the decision: READ MORE
Keily heads up the Cyber & Data Privacy Enforcement & Litigation Practice in London. Keily works with her clients as a "strategic business partner" to navigate privacy and cyber security crises to achieve better commercial, regulatory and judicial outcomes.
As a litigator, Keily has a different perspective on cybersecurity and data privacy issues. She has led the response to investigations by the UK’s Information Commissioner’s Office, the Irish Data Protection Commission, the Competition and Markets Authority, the FCA, the SFO, the U.S. Department of Justice, the FBI, the SEC and Parliamentary Select Committees. Keily has also acted as external legal counsel for privacy and financial service regulators.
On cybersecurity issues, Keily directs cybersecurity incidents and investigations across multiple jurisdictions and incident types from simple business email compromises, to enterprise-wide network intrusions and cyberattacks with national security implications. Keily has worked with national and international law enforcement and is called upon to act as external legal counsel to security and forensics firms when engaging with regulators.
In the civil arena, Keily has led on a number of high profile privacy litigation matters, including civil damages claims and collective actions following personal data breaches and privacy-related judicial reviews. She frequently counsels clients on the growing risk of privacy-related class actions and interventions by privacy advocates in the UK and the EU.
Keily uses the insights from her regulatory practice to inform her advisory work, where she regularly advises stakeholders from legal, information security, privacy and the C-suite on a host of privacy and cybersecurity governance, risk mitigation and regulatory engagement strategies. According to clients Keily has the "subject matter expertise and ability to understand and interact with companies' culture and capabilities, recognising a one size fits all approach doesn't work".
She is ranked as a key practitioner in data protection, privacy and cybersecurity in The Legal 500 and has represented the private sector at the United Nations and the European Criminal Bar Association. Keily also sits on the Law360's 2020 Editorial Advisory Board on Cybersecurity & Privacy and also leads the IAPP Cyber & Privacy Investigations, Enforcement & Litigation Affinity Group. Keily has represented the private sector at the United Nations and the European Criminal Bar Association. She is committed to improving diversity and social mobility in the legal sector.
Prior to joining Orrick, Keily led the Contentious Data Privacy, Law & Strategy practice at PwC having been a litigator at two international law firms before this.
Posts by: Keily Blair
Whatever the outcome of Schrems 2.0, the key takeaway is, don’t panic.
Tomorrow, July 16, 2020, the European Court of Justice (CJEU) is expected to rule in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”.
The main ingredients haven’t changed much for this long-awaited sequel to the decision that invalidated the Safe Harbor regime in 2015: Austrian data protection activist Max Schrems, Facebook Ireland, Ltd, and another commonly used international personal data transfer mechanism on the chopping block for invalidation.
This time around the court is considering the validity of the Standard Contractual Clauses (SCC) adopted by the European Commission, which goes beyond EU-U.S. transfers and could affect most agreements governing data sharing between the EU and the rest of the world. Regardless of the outcome, tomorrow’s decision is going to have a profound impact on the way international data transfers are treated for years to come – but the key takeaway is not to panic. In this blog post, we have set out the three potential rulings open to the CJEU and what steps you can take to following such a ruling. READ MORE
Of the many new terms that we have learned as part of the current pandemic, ‘contact tracing’ is one that seems to offer some light at the end of the tunnel. READ MORE