About Scott

W. Scott Blackmer has extensive experience in all matters related to data protection and cybersecurity, in both consumer and human resources contexts, and the range of legal issues that companies face in online and mobile business, especially across borders. Scott’s clients (from Fortune 500 companies to startups and nonprofits) appreciate his pragmatic solutions in transactional and compliance contexts that demand an understanding that bridges law, business, technology, and often cultural differences. Scott has lived, worked and traveled all over the world and is regularly consulted as an expert on legal topics in the digital economy.

He serves on the management team of the Brussels-based First Law International Network, chairing their practice group on Information Technology and Communications, and moderated sessions at their recent conferences in Barcelona and Abu Dhabi. Scott has served as an advisor on privacy, data protection, and digital identity to the Trusted Computing Group, the Sovrin Foundation, the European Commission, the US Social Security Administration, the US Commerce and Treasury Departments, the International Monetary Fund, and a consortium of financial industry associations.

 
If you need a seasoned attorney well-versed in privacy and
data security law, Scott is the one to call.
— Happy Client

REPRESENTATIVE experience

  • Assisting US-based corporate groups with European subsidiaries or online customers in complying with the EU General Data Protection Regulation

  • Acting as outside legal advisor to the chief privacy officer or equivalent in corporations and nonprofits

  • Advising the Trusted Computing Group, the industry standards body that develops specifications for “trusted platform modules” that manage encryption in laptops, smartphones, and other devices

  • Helping launch and advise the Sovrin Foundation, an international nonprofit standards and governance body using blockchain technology to create a public ledger system for secure digital identities

  • Adapting privacy policies and terms of use for websites and mobile apps to be used in Canada, Australia,and EU markets

  • Advising online fraud detection and analytical services on expansion into European and Asian markets

  • Helping companies self-certify and maintain compliance under the US-EU and US-Switzerland Privacy Shield programs

  • Representing companies following a major security breach involving sensitive personal data on individuals in the US, Canada, and Europe

  • Advising online and mobile retailers and service providers concerning cross-border services and marketing campaigns reaching consumers in Canada, Mexico, and Europe

  • Advising social media and advertising clients on information handling requirements in Latin America and the Asia Pacific region

  • Counseling multinational employers implementing global HR programs, including employee privacy policies, acceptable use policies for company and personal devices, email monitoring practices, diversity programs, recruiting and benefits policies

  • Representing clients in investigations by European data protection supervisory authorities, the US Federal Trade Commission, and US state attorneys general

  • Negotiating and drafting contracts for cloud services, software-as-a-service, web hosting and development, software development or implementation, business process outsourcing, security annexes, data transfer agreements, patent and copyright licensing

 

Representative Speaking Engagements AND PUBLICATIONS

“Cross-Border Data Transfers in Europe,” panelist, webinar jointly presented by the American Bar Association SciTech and Public Contract Law Section and the ABA Cybersecurity, Privacy & Data Protection Committee, January 2021.

“Data protection in the private sector:  Convergence or localisation of rights and expectations?” chapter in Human Rights, Digital Society and the Law: A Research Companion (ed. M. Susi, Routledge, London 2019).

“Bad Faith after WIPO Overview 3.0,” presentation at the annual WIPO Domain Name Panelists Meeting, Geneva, October 2018.

“GDPR for Cross-Border Business,” presentation at the First Law International Network European Meeting, Rotterdam, June 2018.

“Data Protection and Cybersecurity Best Practices in Global Business,” presentation at the First Law International Network Annual Meeting, Abu Dhabi, April 2018.

“What You Need to Know About the EU’s General Data Protection Regulation,” presentation at the American Fuel and Petroleum Manufacturers Labor Relations / Human Resources Annual Conference, New Orleans, April 2018.

“Data (Mis)use Litigation,” “Cybersecurity and the Human Factor,” and “The Changing Global Landscape for Privacy and Data Protection,” presentations at SoCal Cybersecurity and Privacy Retreat, Newport Coast, California, November 2016.

“Cyber Risks and Solutions,” American Bar Association, Section of Environment, Energy, and Resources Annual Meeting, Salt Lake City, March 2014.

“BYOD: Are Employees’ Smartphones Safe Enough for Business?” presentation for the Utah Bar Cyberlaw Symposium, September 2013.

Professional Associations

International Association of Privacy Professionals (IAPP)

Association of National Advertisers (ANA)

American Bar Association, Information Security Committee

Bar Admission

Washington DC, 1983

Utah, 2006

Maryland, 2001 (inactive)

Formerly French Order of the Brussels Bar

Formerly Law Society of England and Wales

 

Education

University of California at Berkeley, JD with honors 1981

University of Nevada, Las Vegas, BA with honors 1975

Brigham Young University, Provo, Utah (1970-73)

Université de Grenoble, France (1972)