Archives: Data Protection

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Weekly Data Privacy Alert – 9 January 2017

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from the EU, Germany and the United States. EU New Regulation Proposed to Ensure Privacy in Electronic Communications Germany Bavarian Data Protection Authority Informs on Marketing in the GDPR Context … Continue Reading

Data Privacy – Commission changes existing decisions on standard contractual clauses and adequacy of third countries

In the aftermath of the Court of Justice of the European Union’s (“CJEU”) judgment invalidating Safe Harbor, on 16 December 2016 the European Commission published two decisions, changing its previous decisions on standard contractual clauses (“SCC”) and adequacy decisions on third countries. Arguably, the amendments have been made in order to minimise the risk of … Continue Reading

Weekly Data Privacy Alert – 2 January 2017

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from the UK and the USA. United Kingdom Investigatory Powers Act Challenged in Court of Justice for the European Union United States New York Department of Financial Services Issues Revised … Continue Reading

Video Surveillance in Public Areas – Lawful or Not?

After the brutal terror attacks in Berlin and Ansbach and the rampage in Munich last year, the German Government intends to allow video surveillance in public areas. Therefore, the German Government has presented a draft law that facilitates video surveillance for private operators of public areas and public events. More precisely, the Federal Data Protection … Continue Reading

WP29 Publishes Guidance on Important GDPR Concepts: DPOs, Data Portability and Lead Supervisory Authority

On December 16, 2016, the Article 29 Data Protection Working Party (“WP29”) published guidelines and FAQs on the forthcoming General Data Protection Regulation (the “GDPR”) addressing the following three key issues: Data Protection Officers (“DPOs”) (WP 243) The right to “data portability” (WP 242) The identification of the lead supervisory authority (WP244) The published guidelines … Continue Reading

Weekly Data Privacy Alert – 28 November 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from the UK, France and Germany. UK Investigatory Powers Act Given Royal Assent Information Commissioner’s Offce (ICO) Issues More Fines to Companies Sending Spam Texts France Class Action for Data Protection Newly … Continue Reading

GDPR Article 40: Code of Conduct for Cloud Providers Being Finalized by C-ISG

While over the last several months, many have expressed concern about cloud service providers’ (“CSPs”) ability to comply with the General Data Protection Regulation (“GDPR”), at the end of November some clarity was provided.  On November 30, 2016, the Cloud Select Industry Group (“C-ISG”) agreed on a Code of Conduct on Data Protection for CSPs … Continue Reading

Weekly Data Privacy Alert – 14 November 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from the UK, Germany, France and the US. UK Investigatory Powers Bill One Step Closer to Royal Assent Gambling Websites Warned About Using Personal Data Germany Data Protection Authorities Examine Data Transfers … Continue Reading

New Comprehensive Chinese Cyber Security Law Approved

This week, the Standing Committee of the National People’s Congress approved the new Cyber Security Law. The law, which contains 79 articles under eight chapters, is set to take effect in June 2017 and has wide-ranging implications for how companies in China handle personal data and cybersecurity issues. The law applies broadly to entities or … Continue Reading

Weekly Data Privacy Alert – 7 November 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from  the EU, UK, Germany and France. EU EU Data Protection Supervisor (EDPS): More Needs to Be Done to Allow Individuals to Take Back Their Online Identity UK Nuisance Callers Face … Continue Reading

High Court rejects the UK Government’s use of prerogative powers to trigger Brexit

On November 3, 2016, the High Court handed down its much anticipated ruling in Santos and Miller v. the Secretary of State for Exiting the European Union. The Court rejected the UK Government’s contention that it has the power under the Crown’s prerogative to give notice pursuant to Article 50 of the Treaty on European … Continue Reading

Weekly Data Privacy Alert – 24 October 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from France and Germany. France French National Data Protection Authority (CNIL) Issues First Digital Safe Label French National Data Protection Authority (CNIL) Ordered to Put a Time Limit on the Publication … Continue Reading

German DPAs Auditing 500 Companies International Data Transfer Practices

On November 3,  ten of the German Data Protection Supervisory Authorities (“DPAs”) announced they will be working together to select approximately 500 companies in Germany to audit for international personal data transfers for the purpose of raising awareness of data protection law. Over the coming days, the investigations will be initiated with a questionnaire.  The … Continue Reading

Legal Challenge to the EU-US Privacy Shield Framework

As widely expected, the EU-US Privacy Shield is being challenged before the European courts. What is Privacy Shield? In October 2015, the Court of Justice of the European Union (CJEU) ruled that the European Commission’s decision on adequacy for the Safe Harbor scheme was invalid.  The European Union and the United States agreed a new … Continue Reading

Tribunal Rules That Use of Personal Data by UK Intelligence Services Breached Human Rights

In a landmark ruling, the Investigatory Powers Tribunal has held that UK Intelligence Services, including MI5, MI6 and GCHQ, collected and used personal data in breach of Article 8 of the European Convention on Human Rights (ECHR), in some cases for up to 17 years. The ruling was given in proceedings brought by the human … Continue Reading

Weekly Data Privacy Alert – 17 October 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from: UK ICO Issue Record Fine to TalkTalk ICO Commissioner’s First Speech in Offce Germany Baden-Württemberg Commissioner Presents Assessments of IoT Products International Company Sues Germany for Remote Signal Monitoring US … Continue Reading

IP addresses constitute personal data according to the CJEU

In a decision dated 19 October 2016, the Court of Justice of the European Union (CJEU) has provided much needed clarification on a long-standing issue in EU data protection law. A German politician brought an action concerning websites operated by the Federal Republic of Germany that stored personal data, including IP addresses, on logfiles for two weeks.  … Continue Reading

Nokchan v Lyft: Since the Spokeo Decision Privacy Continues to be a Hot Topic as Circuit Courts Fracture

On October 5, 2016, in Nokchan v. Lyft, Inc, United States District Court for the Northern District of California dismissed Nokchan’s putative class action, finding his claim of privacy violations under the Fair Credit Reporting Act (“FCRA”) failed to meet the requirements of Article III standing established by Spokeo, Inc. v. Robins.  This was because … Continue Reading

Weekly Data Privacy Alert – 26 September 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from: UK Parliament Hears First Reading of Unsolicited Marketing Communications (Company Directors) Bill 2016-17 Worldwide Data Breaches Increase in 2016 EU Advocate General of the Court of Justice of the European … Continue Reading

Calls for Federal Breach Notification Law Continue After Yahoo Data Breach

Data breach prevention and response are again at the forefront of the public consciousness with the recent news of a massive data breach by Yahoo. The call for federal breach notification legislation was revived by the FTC on September 27, 2016, five days after the Yahoo breach was announced. During testimony before the U.S. Senate Committee … Continue Reading

Weekly Data Privacy Alert – 19 September 2016

Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from: UK Brexit Continues to Cast Shadows Over UK Future ICO Fines Two Companies a Total of £100,000 Information Rights Tribunal Reasserts Importance of Communicating Breaches to the ICO Germany Bavarian … Continue Reading
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