The Internet of Things and M2M: Data privacy and security

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

There is never a debate on IoT and M2M without the mention of data. Not all IoT and M2M services have a privacy component to them, but when there is one, it can give a detailed view of all facets of a user's life. The volume and detail of data collected using this telecoms technology does introduce new risks to security and privacy. There are different layers in the privacy evaluation, as the registration is not just recorded in the database of an M2M service provider, but equally in a database of a (mobile) network provider and/or in a home gateway or device. The sharing and combination of data through cloud services will increase the locations and jurisdictions where personal data resides. Data encryption and device authentication are key, as is the challenge of providing an adequate protection against false requests for information and protection against unauthenticated commands. User profiling or targeting becomes an even greater - and valid - concern.

We advise on the full spectrum of data protection and privacy matters in the IoT ecosystem, from the commercial modelling and the exploitation of data as a commercial asset, to risk assessments and day to day compliance issues. Recognising that IoT and M2M users range from new entrants to global giants we help the full value chain manage privacy, data security and incidents threatening damage to hard - earned brand reputations.

Our interdisciplinary team includes specialists from media litigation, corporate, financial services and employment as well commercial lawyers. And with the mobility of data on the rise though IoT and M2M devices - across national borders, and to the cloud - privacy issues increasingly call for the cross border expertise provided by our network of international offices and best friend firms.