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Delete this text box from slide #1 of the slide master and INSERT YOUR LOGO HERE Stakeholders driving payment evolution & digital identity CARDWA RE Your logo here "BIG DATA" Can you manage the risks and opportunities? Lisa Abe-Oldenburg, B.Comm., JD. Partner, Co-Head of Payment Solutions Group Bennett Jones LLP [email protected]

Cardware Conference presentation on BIG DATA June 17-18 2014

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Page 1: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE

Your logo here

"BIG DATA"Can you manage the risks and

opportunities?

Lisa Abe-Oldenburg, B.Comm., JD.

Partner, Co-Head of Payment Solutions Group

Bennett Jones [email protected]

Page 2: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE

Your logo here

"BIG DATA"

Can you manage the risks & opportunities?

Page 3: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA

Overview of Big Data and Opportunities Big Data regulation Issues and risks Finding solutions to mitigate risk

Page 4: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE OVERVIEW OF BIG DATA

"Big data is high-volume, high-velocity and high-variety information assets that demand cost-effective, innovative forms of information processing for enhanced insight and decision making." (Gartner)

Page 5: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE

"Every day, we create 2.5 quintillion bytes of data — so much that 90% of the data in the world today has been created in the last two years alone. This data comes from everywhere: sensors used to gather climate information, posts to social media sites, digital pictures and videos, purchase transaction records, and cell phone GPS signals to name a few. This data is big data." (IBM)

Page 6: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE

"Big data is a buzzword, or catch-phrase, used to describe a massive volume of both structured and unstructured data that is so large that it's difficult to process using traditional database and software techniques. In most enterprise scenarios the data is too big or it moves too fast or it exceeds current processing capacity." (Webopedia)

Page 7: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA OPPORTUNITIES

The data around the payment gives an entity the ability to know their customer and fine tune or build their relationship.Telco providers, card issuers, networks, payment processors and merchants, all have different data on the same customers, and combining all of that data across organizations could lead to more relevant knowledge than any one of those organizations could achieve on their own.

Page 8: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE

Case study

http://vimeo.com/67657352

Ukraine's PrivatBank has created mobile apps to work with Google Glass for hands-free banking and payments.→ Can you spot all the BIG DATA elements and how they could grow business and revenue for companies?

Page 9: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA OPPORTUNITIES

Analytics can figure out when and where a consumer goes (physically and electronically), what they search for, what they like and what they buy.One-to-one targeting and personalized product or service offers is (or will be) an important business driver for Big Data initiatives.Merchants can target new customers who share same interests as current customers.Big data becomes a valuable asset.

Page 10: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE WHO OWNS BIG DATA?

Personal information Non-personal data elements Analytical results Compilations and databases

Page 11: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA Regulation

Privacy legislation Criminal Code Consumer protection laws CRTC regulations OSFI Guidelines Anti-spam legislation (CASL) PCI DSS requirements

Page 12: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA Issues and Risks

Regulatory compliance risk Cross-border issues - Where is the data and which

laws apply? Conflicts of laws? Can you transfer BIG DATA across borders and what restrictions apply?

Liability risk Civil actions Fines and penalties D&O liability

Page 13: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA Issues and Risks

Reputational risk Security risk

BIG DATA Clouds are a target for criminals Business operational risk

Service interruptions, outages, errors

Page 14: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA Issues and Risks

Privacy breach & asset/data loss Improper consents and disclosures, too broad

purposes, bad privacy policies and practices Inability to retrieve, use or correct data Failure to properly retain records for audit,

compliance, litigation/discovery purposes End of service/termination, breach/failure,

disaster or insolvency of third party service provider

Page 15: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE BIG DATA Issues and Risks

Lose control over data for which you are responsible

Keep personal information for too long or without reasonable purpose

Risk of insufficient backups, disaster recovery and business continuity plans by service providers

Data hijacking in disputes

Page 16: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE Solutions to Mitigate Risks

Proper due diligence of third parties Familiarity with regulatory requirements SLAs, security/encryption standards and protocols,

business continuity plans and redundancies Transparency – locations of servers, data storage

and processing Ability to access, correct and retrieve data, tools

for e-discovery

Page 17: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE Solutions to Mitigate Risks

Proper due diligence of third parties Physical audits of premises, systems and processes Security and data integrity assessments, checks Subcontracted services, software, tools Handling of maintenance and support, outage and

response times Return or destruction of data, storage/halt for

litigation/discovery purposes

Page 18: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE Solutions to Mitigate Risks

Proper contract drafting SLAs, security standards, continuity plans Warranties and Indemnities Carve-outs from limitations on liability and

disclaimer clauses Flow through of obligations to all subcontractors Audit rights (technical, IT, business, subs) Key escrow, transitioning

Page 19: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE Solutions to Mitigate Risks

Internal processes and procedures Planning with key stakeholders and CPO Policies (IT, Cloud, BYOD, privacy, security,

confidentiality, data retention, segregation, control, access, integrity)

Employee review, training, acknowledgment and enforcement

Page 20: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE Solutions to Mitigate Risks

Internal processes and procedures Compliance assessments E-discovery tools and information management

processes Monitoring, audit and reporting to Board of

Directors

Page 21: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE About Bennett Jones LLP

With offices across Canada and around the world, we are one of the leading law firms serving clients in the payments industry

» This presentation contains statements of general principles and not legal opinions and should not be acted upon without first consulting a lawyer who will provide analysis and advice on a specific matter.

Page 22: Cardware Conference presentation on BIG DATA June 17-18 2014

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Stakeholders driving payment evolution & digital identity CARDWARE Thank you

For more information or answers to questions, contact:

Lisa K. [email protected]

Tel.: 416-777-7475

www.bennettjones.com