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Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD 1
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Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Dec 21, 2015

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Page 1: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Phil Lee, Head of US Office, FieldfisherJim Brashear, General Counsel, Zix

© 2015 ZixCorp. All Rights Reserved.

THE CHANGING LEGAL PERSPECTIVE ON BYOD

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Page 2: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Founded in 1998 as an email encryption company

More than 11,000 active customers including:

Six divisions of the U.S. Treasury All of the FFIEC U.S. federal financial

regulators (incl. FDIC and OCC) The U.S. Securities and Exchange

Commission 24 U.S. state financial regulators More than 2,000 U.S. financial institutions 25% of all banks in the U.S. 20% of all hospitals in the U.S. 32 Blue Cross Blue Shield organizations

ABOUT ZIXCORP

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Page 3: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Partner in Fieldfisher's privacy and information law group: heads up the firm's US Office based in Palo Alto, California

Specializes in data privacy, digital media and disruptive technologies. Also advises on a wide range of EU digital media, consumer protection and technology-related issues.

Contributes to Fieldfisher's 'Privacy and Information Law' blog, and has co-authored or contributed to several books on privacy

Certified Information Privacy Professional (Europe) (CIPP/E) and Certified Information Program Manager (CIPM) status.

PHIL LEEHEAD OF US OFFICE, FIELDFISHER

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Page 4: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Member of the Bar of the United States Supreme Court, the California Bar Association and the State Bar of Texas

Certified Information Privacy Professional (CIPP/US)

Legal experience includes: data privacy, data security, technology, cloud computing, corporate compliance

Juris Doctorate degree, magna cum laude, from the University of San Diego School of Law

JIM BRASHEARGENERAL COUNSEL, ZIX

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Page 5: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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Page 6: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

WHAT ARE MOST COMPANIESDOING TO ENABLE BYOD

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Page 7: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

o Leaves data on the device: exposes offline weakness

o Loss of employee control and privacy

o Employee acceptance issues

o Corporate liabilities

WHY IS THIS A PROBLEM?

Page 8: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

THE CHANGING LEGAL PERSPECTIVE ON BYOD

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US SUPREME COURT, SUMMER 2014

Page 9: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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EMPLOYER ACCESS TO EMPLOYEE SOCIAL MEDIA

THE CHANGING LEGAL PERSPECTIVE ON BYOD

Page 10: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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TRENDS IN PRIVACY ABROAD

THE CHANGING LEGAL PERSPECTIVE ON BYOD

Page 11: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

PHIL LEE, HEAD OF US OFFICE, FIELDFISHER

JIM BRASHEAR, GENERAL COUNSEL, ZIX

INTERVIEWED BY NEIL FARQUHARSON

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THE CHANGING LEGAL PERSPECTIVE ON BYOD

Page 12: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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SEARCH WARRANTS FOR SMARTPHONES

Page 13: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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EMPLOYER ACCESS TO EMPLOYEE SOCIAL MEDIA

Photo: Shutterstock

Page 14: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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THE DIRECTION OF PRIVACY RIGHTS

Photo: Shutterstock

Page 15: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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COMMON ISSUE WITH BYOD ROLLOUTS

Photo: Shutterstock

Page 16: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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A SOLUTION FOR BYOD THAT ANYONE CAN USE?

Reproduced with the permission of PG.de Vertriebs GmbH

Page 17: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

MOST POPULAR MOBILE BUSINESS APPSEMAIL, CALENDAR AND CONTACTS

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Source: BYOD and Mobile Security Report, 2014, Holger Schulze, Information Security Community on LinkedIn

Page 18: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

YOUR QUESTIONSAND COMMENTSPHIL LEE AND JIM BRASHEARWITH NEIL FARQUHARSON

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Page 19: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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Neil FarquharsonProduct Marketing [email protected] (214) 370-2079

SECURITY MEETS SIMPLICITY

Next today………..

Page 20: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Thanks for Watching

© 2015 ZixCorp. All Rights Reserved.

THE CHANGING LEGAL PERSPECTIVE ON BYOD

Neil [email protected] (214) 370-2079

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Sales [email protected] (866) 257-4949

Page 21: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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Neil FarquharsonProduct Marketing [email protected] (214) 370-2079

SECURITY MEETS SIMPLICITY

Page 22: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

The Issues Add Up Lost or stolen devices Company data residing on the device Policy enforcement User acceptance and trust Employee privacy and associated liability risks Compliance with federal and state regulations Transitioning employees that leave the company Access and management of contractors

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THE COMPLEXITY OF BYOD

Page 23: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

Mail Server ZixOne

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ZIXONETHE NEXT GENERATION SOLUTION

Page 24: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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o Email data never resides on the device

o Users retain complete control

o No monitoring, restrictions or risk of data loss

o Firewalling of personal data

o Limits company liability

o Seamless integration with native functions and user interface

o Contacts can be used for phoning and texting

o Compliance reporting

o The number of messages at risk is minimized, because email is only on the phone while being viewed

WHY ZIXONE CHANGES THE GAME

Page 25: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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WATCH THE ZIXONE ON-DEMAND WEBINAR

Page 26: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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TRY THE ZIXONE DEMO ONLINE

abetterbyod.com

Page 27: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.

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Neil FarquharsonProduct Marketing [email protected] (214) 370-2079

SECURITY MEETS SIMPLICITY

Page 28: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.
Page 29: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.
Page 30: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.
Page 31: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.
Page 32: Phil Lee, Head of US Office, Fieldfisher Jim Brashear, General Counsel, Zix © 2015 ZixCorp. All Rights Reserved. THE CHANGING LEGAL PERSPECTIVE ON BYOD.