Data Protection

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Increased Cybersecurity Activity by U.S. Congress and Regulatory Institutions

With the increasing number of incidents related to cybersecurity and data privacy, we have also seen an increased amount of activity on these topics from Congress and various regulatory institutions in the U.S.  This activity no doubt will have an impact on both U.S. and global businesses. For example, both the House and Senate have taken significant action … Continue Reading

French Data Protection Authority Given New Powers to Conduct Online Investigations

Recently, a new consumer law was passed in France that gave the French Data Protection Authority, the CNIL, expanded powers to perform online compliance inspections.  Previously, the CNIL’s powers of investigation were limited to on-site inspections, document reviews and hearings. The CNIL is now authorised to carry out remote investigations on the internet to identify breaches … Continue Reading

French Data Protection Authority Investigation Programme for 2014

The French Data Protection Authority, the CNIL, has published its annual investigation program for 2014. The CNIL anticipates carrying out a total of around 550 data breach investigations (350 on-site investigations and 200 online).  Priority topics will be: Data breach notification by electronic communications operators Online social dating networks Online payment (particularly the fight against fraud … Continue Reading

Update on sanctions imposed by the French Data Protection Authority

Following an investigation, the French Data Protection Authority, the CNIL, has imposed a significant fine for data protection breaches on a luxury car rental company.  The fine of €5000 was imposed for use of an unlawful GPS tracking system on rented cars.  The CNIL found the fine justified because, amongst other things, the tracking system … Continue Reading

Annual Activity Report Published By The French Data Protection Authority

The French Data Protection Authority, the CNIL, recently published its annual report reviewing its activities during 2013 and setting out its priorities for 2014.  The report shows that, during 2013: The number of complaints made to the CNIL fell overall to 5,640. Most of these related to requests to erase internet data;. 15 data security … Continue Reading

Running an international prize promotion without breaking the law

Running an international prize promotion is an increasingly popular way for brands to engage with their consumers. Given the obvious benefits of the Internet, brands and their advisors often seek to operate those promotions through third party social media platforms, such as Facebook, YouTube and Twitter, or on bespoke platforms. While there are many benefits … Continue Reading

European Parliament cements its support for the new EU Data Protection Regulation

The European Parliament voted strongly in favour of the adoption of the new EU Data Protection Regulation in a plenary vote held last Wednesday (12 March 2014), with 621 votes in favour, 1 against and 22 abstentions. This vote was significant, as it means that the Parliament’s position is now set in stone and cannot … Continue Reading

Hot Topics in Intellectual Property and Technology

Our new quarterly publication – Hot Topics in Intellectual Property and Technology – highlights the most significant legal developments in the UK and Europe in the areas of intellectual property and technology, contract, data protection and privacy, trade secrets and advertising and media. Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading

The French data protection authority relaxes restrictions on whistleblowing hotlines

The French data protection authority, the CNIL, has historically placed tight restrictions on the permitted scope of reporting to a whistleblowing hotline, especially if authorisation is to be sought under the Blanket Authorisation of 2005 (referred to as AU-004). Until now, this simplified procedure could only be used to obtain authorisation for hotlines which invited … Continue Reading

New CNIL guidance on cookie use

On 5 December 2013, the French data protection authority, the CNIL, published new guidance (with supporting user-friendly factsheets) on the use of cookies by businesses operating in France.  The guidance updates the CNIL’s informal recommendations on the use of tracing technologies first published at the end of 2011.   All businesses using cookies must familiarise themselves … Continue Reading

New EU Data Protection Regulation – the Council’s protracted negotiations may endanger progress

The proposed EU Data Protection Regulation continues to be considered by EU Member State representatives. The proposed Regulation was published by the European Commission on 25 January 2012 and the European Parliament voted in favour of an amended version in October last year. It is now being deliberated by the Council of the European Union … Continue Reading

New French data access law will increase the burden on telecommunications providers and ISPs

On 18 December 2013, a new law came into force in France giving the intelligence services increased access to data on telephone calls made by French citizens, for the purposes of preventing terrorism and organised crime.  The new law has privacy implications for individuals and will mean that telecommunications companies and internet service providers operating … Continue Reading

The management of card payment information in long distance-selling in France

On 14 November 2013, the CNIL (in decision n° 2013-358) replaced its previous decision of June 2003 on data processing in relation to card payments for online traders engaged in distance selling of goods and services.  The intent of this decision was to provide “concrete answers to the various stakeholders, taking into account the evolution of … Continue Reading
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