Vishnu V. Shankar

Partner

+44.20.7280.2180

Vishnu Shankar is a partner in Proskauer’s Technology, Media & Telecommunications and Privacy & Cybersecurity Groups in the London office. He practices in two related areas, namely: data privacy and cybersecurity, and technology and intellectual property transactions. Vishnu also defends clients in complex regulatory enforcement, governmental investigations and litigation matters involving data, cybersecurity, Artificial Intelligence (AI), algorithms, and other innovative technologies.

Vishnu has been recommended by The Legal 500 UK where sources note his “excellent attention to detail, an amazing work ethic and tremendous research skills.” In 2018, he was selected as a Thought Leader in Privacy by DataGuidance. Vishnu’s clients are in a variety of industries, including financial services and payments, asset management and private equity, “gig economy” and platforms, sports and entertainment, life sciences and pharmaceuticals, IT, and transportation.

Privacy and Cybersecurity

Vishnu provides practical and strategic advice regarding the General Data Protection Regulation (GDPR), E-Privacy laws, the NIS Directive (Cybersecurity Directive), and international data transfers (including compliance with Schrems II). He also has significant experience in assisting clients with remediating high-stakes multi-jurisdictional cybersecurity breaches and governmental investigations relating to data, including responding to regulators. Vishnu also works on public policy matters, including India’s efforts to enact a new data protection law.

Technology and IP Transactions

Vishnu also has an active technology, intellectual property transactions practice and commercial contracts practice where he draws from his prior law practice in New York and Dublin. In particular, he negotiates complex technology and services (including Blockchain and Non-Fungible Tokens), intellectual property licensing, data licensing (particularly with respect to sports data), joint venture and collaboration, and IT/BPO outsourcing agreements. In particular, clients that wish to implement AI or data monetization strategies benefit from his experience as both a privacy and intellectual property lawyer.

Thought Leadership

Vishnu is regularly invited to speak at industry and academic conferences in Europe and Asia on technology, privacy and intellectual property matters. Vishnu has co-authored chapters on cybersecurity, and payments-related privacy issues in leading treatises. He has been interviewed by publications such as Bloomberg for his thought leadership. He is admitted in England & Wales and New York.

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U.S. and EU Agree in Principle on New Trans-Atlantic Data Privacy Framework

In a joint press conference on March 25, 2022, U.S. President Joseph Biden and European Commission President Ursula von der Leyen announced an agreement “in principle” on a framework, called the Trans-Atlantic Data Privacy Framework (“Privacy Shield 2.0”), to replace the U.S.-EU Privacy Shield. The EU General Data Protection Regulation (“GDPR”) places restrictions on personal … Continue Reading

Growing Risks to Corporate Groups and the Global PE Industry from Robust European Privacy and Cybersecurity Enforcement

By Vishnu V. Shankar and Paul Hughes on March 17, 2022 Posted in European Union, GDPR, International, Legislation, Privacy Law

Since the EU General Data Protection Regulation (“GDPR”) came into effect in May 2018 there have been numerous high-profile enforcement actions (~US$880m is the largest GDPR fine to-date) and private litigation (including class-action type claims). Notable fines have included the ~US$25m fine levied in October 2020 by the UK’s GDPR regulator against Marriott International for … Continue Reading

English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack

By Steven Baker, Vishnu V. Shankar and Julia Bihary on October 4, 2021 Posted in Cybersecurity, Data Breaches, Data Privacy Laws

In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and the tort of negligence might be advanced by individuals for compensation for distress relating to a cyber-security breach where … Continue Reading

Navigating the New Standard Contractual Clauses for International Data Transfers under the GDPR

By Ryan P. Blaney, Vishnu V. Shankar and Kelly McMullon on June 7, 2021 Posted in Cybersecurity, Data Privacy Laws, GDPR, International, Privacy Law

The final version of the new standard contractual clauses (“SCCs”) were published by the European Commission on June 4, 2021. Many organizations that transfer or receive personal data originating in the European Economic Area (“EEA”) outside the EEA will be required to implement these SCCs with their customers, suppliers and affiliates by December 2022 to … Continue Reading

Preparing for the Final Version of the New EU Standard Contractual Clauses for International Data Transfers

By Vishnu V. Shankar, Kelly McMullon and Ryan P. Blaney on May 26, 2021 Posted in Data Privacy Laws, European Union, GDPR, Legislation, Privacy Law

It has been reported that European Commission will publish the final versions of new forms of Standard Contractual Clauses (“SCCs”) shortly (even potentially within the next few days). The Commission published draft versions of these SCCs and the implementing Commission Decisions in December 2020. These new SCCs are, arguably, the most significant development in European … Continue Reading